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HomeMy WebLinkAboutDWR SWP Read File Archive Mar 2008 Surface Water Protection Asheville Regional Field Office Division of Water Quality March 3, 2008 Memorandum: TO: Tom Reeder Wetlands and Stormwater Branch Supervisor FROM: Roger C. Edwards Asheville Regional ice PREPARED BY: Linda Wiggs � W SUBJECT: Enforcement Recommendation RANCHES AT MOUNTAIN CREEK, LLC Ranches at Mountain Creek(PC-2008-0021) Rutherford County,NC Enclosed is an enforcement recommendation package for RANCHES AT MOUNTAIN CREEK, LLC in Rutherford County,NC. Linda Wiggs of this Office conducted a site inspection on January 18, 2008. A Notice of Violation and Recommendation for Enforcement was issued on January 30, 2008. On February 12, 2008, a response to the DWQ NOV was received in this office. The response indicated that the Consultants Odom and Associates would be performing monitoring requirements from January 13, 2008 thru March 1, 2008, at which point the owners will resume responsibility of record keeping. The current status of the site is compliant with monitoring requirements, however some erosion control measures are still not operating at optimum efficiency. DLR is planning to send an enforcement package for this development. The impacts have resulted in the following violations: • Part I Section B (1) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ rain gauge data. • Part I Section B (3) of Stormwater General Permit Number NCG010000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. DWQ has no record of past violations for RANCHES AT MOUNTAIN CREEK, LLC. Enforcement Costs: RO STAFF INSPECTOR 10 hours @ $26.61 $266.10 RO SUPERVISOR 1 hours @ $39.17 $39.17 Mileage 90 miles @ $0.33/mile $29.70 Central Office Review and Processing $100.00 Total $434.97 JUSTIFICATION FOR REMISSION REQUESTry DWQ Case Number: PC-2008-0021 County: Rutherford Assessed Party: RANCHES AT MOUNTAIN CREEK, LLC-ERIK HOLUBEC Permit No.: NCG010000 (NCR000652) Amount Assessed:$1,434.07 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1436-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N C G S 1436 282 1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (le., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or something you could not prevent or prepare for), _ (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): C Surface Water Protection Asheville Regional Field Office Division of Water Quality March 3, 2008 Memorandum: TO: Tom Reeder Wetlands and Stormwater Branch Supervisor FROM: Roger C. Edwards'w,�,,,.° Asheville Regional Office PREPARED BY: Linda Wiggs SUBJECT: Enforcement Recommendation JOHN G. SORENSON-Angel Mountain Associates, Inc. Angel Mountain Estates Cherokee County,NC Enclosed is an enforcement recommendation package for JOHN G. SORENSON-Angel Mountain Associates, Inc. (Angel Mountain Estates) in Cherokee County,NC. Linda Wiggs of this Office conducted a site inspection on January 9, 2008. A Notice of Violation and Recommendation for Enforcement was issued on January 15, 2008. DWQ has not received a response for the NOV. The current status of the site is non-compliant. This development is basically complete. DLR plans to close it out by mid 2008. The impacts have resulted in the following violations: • Part I Section B (1) of Stormwater General Permit Number NCG010000 by failing to record and provide DWQ rain gauge data • Part I Section B (3) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. DWQ has 2 other Fast Track Enforcements for developments of Mr. Sorenson in this package. Enforcement Costs: RO STAFF INSPECTOR 10 hours @ $26.61 $266.10 RO SUPERVISOR 1 hours @$39.17 $39.17 Mileage 135 miles @ $0.33/mile $44.55 Central Office Review and Processing $100.00 Total $449.82 �✓ /_,.. /. I /, _..... O�W A 9 Michael F.Easley,Governor O� QG William G.Ross Jr.,Secretary 0 r North Carolina Department of Environment and Natural Resources —) Coleen Sullins,Director © Division of Water Quality March 3, 2008 CERTIFIED MAIL#7002 0460 0001 9899 6869 RETURN RECEIPT REQUESTED JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, INC. 3424 Skyline Road Rock Hill, S.C. 29730 SUBJECT: Assessment of Civil Penalty NPDES Stormwater Permit NCGO10000 (DWQ tracking # , INC. 630) JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, Angel Mountain Estates Case No. PC-2008-0013 Cherokee County Dear Mr. Sorenson: This letter transmits notice of a civil penalty assessed against JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, INC. in the amount of$1,449.82,which includes$449.82 in investigative costs. This assessment is based upon the following facts:JOHN G. SORENSON-ANGEL MOUNTAIN ` ASSOCIATES, INC.was issued Stormwater General Permit Number NCG010000 for the site in accordance with NCGS 143-215.1(a) and 15A NCAC 2H .0126, On December 4, 2007, Division of Water Quality(DWQ) conducted a site inspection and it was determined that the rain gauge data was not recorded, and the inspection of erosion control measure records were not recorded and available for review. Based upon the above Finding of Fact, I make the following conclusion of law: JOHN G. SORENSON- ANGEL MOUNTAIN ASSOCIATES, INC. violated the terms, conditions or requirements of Stormwater General Permit Number NCG010000. JOHN G. SORENSON-ANGEL MOUNTAINASSOCIATES, INC. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a) (2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. Additionally, the State's enforcement cost in this matter may be assessed against JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, INC. pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282(b)(8). Based upon the above Findings of Fact and Conclusions of Law, I, Roger C. Edwards, Division of Water Quality Regional Supervisor, acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, make the following Decision. Accordingly, JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, INC. is hereby assessed a civil penalty of: $500.00 for one (1)violation of Part I Section B (1) of Stormwater General Permit Number NCG010000 by failing to record and provide DWQ rain gauge data. $500.00 for one (1)violation of Part I Section B (3)of Stormwater General Permit Number NCG010000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. $1.000.00 TOTAL CIVIL PENALTY $449.82= ; Enforcement Costs $1,449.82 TOTAL AMOUNT DUE North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 � 2�2 96-4500 Customer FAX8997043 1-877--623-6748 Internet: www..newaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/1 0%Post Consumer Paper JOHN G.SORENSON-ANGEL MOUNTAIN ASSOCIATES,INC. Case No.PC-2008-0013 Cherokee County Page 2 of 3 Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)calendar days of receipt of this notice,you must do one of the following three options: 1. Submit payment of the penalty, OR 2. File a request for remission of civil penalties, OR 3. File a written petition to the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty(30) calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. These options are detailed below: Option 1 —Submit payment of the penalty: F Payment should be made to the order of the Department of Environment and Natural Resources (DENR). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Payment must be sent within 30 calendar days of receipt of this notice to the attention of: Mr.John Hennessy NC Division of Water Quality—NPS Assistance &Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2 File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached"Waiver of Right to an Administrative Hearing and Sti ulation of Facts"and the attached "Justification for Remission _Request"which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. For this option you must file your request for remission of civil penalties within thirty(30)calendar days of receipt of this notice with the NPS Assistance &Compliance Oversight Unit. Submit this information to the attention of: JOHN G.SORENSON-ANGEL MOUNTAIN ASSOCIATES,INC. Case No.PC-2008-0013 Cherokee County Page 3 of 3 Mr.John Hennessy NC Division of Water Quality-NPS Assistance&Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3—File a written petition to the Office of Administrative Hearings: If you wish to contest any portion of the civil penalty assessment,you must file a petition for a contested case hearing. This must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. For further information, please refer to the Office of Administrative Hearings website (http://www.ncbah.com/ . Within thirty(30)calendar days of receipt of this notice, you must file your original petition for a contested case hearing in the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 You must also mail or hands deliver a copy of the written petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 and to: Mr.John Hennessy. NC Division of Water Quality— NPS Assistance&Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The violations addressed by this assessment and any impacts to waters must be properly resolved. You are encouraged to contact this office if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future,continuing,or other violations beyond the scope of this specific assessment. If you have any questions, please contact Linda Wiggs of the Asheville Regional Office at 828-296-4500 or the Non-Point Source Assistance and Compliance Oversight Unit at 919-733-5083. Sincerely, Roger C. Edwards Water Quality Regional Supervisor Asheville Region Attachments cc: ARO—SWP Files ARO-DLR Water Quality Central Files NPS Assistance&Compliance Oversight Unit ,� , , '���J �-,, �.� __ __ STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cherokee IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, INC.) STIPULATION OF FACTS CASE NO. PC-2008-0013 Having been assessed civil penalties totaling $1.449.82 for violation(s) asset forth in the assessment document of the Director of the Division of Water Quality dated March 3. 2008 1 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty(30)days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty(30) days from the receipt of the civil penalty assessment. This the day of 20 NAME (printed) SIGNATURE ADDRESS TELEPHONE `�, �_ __J, _- ___ JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2008-0013 County: Cherokee Assessed Party: JOHN G. SORENSON-ANGEL MOUNTAIN ASSOCIATES, INC. Permit No.: NCG010000 (NCR000630) Amount Assessed: $1,449.82 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Ria t to an Administrative Hearing and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1436-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment'factors in N C G S 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessarv): Surface Water Protection Asheville Regional Field Office Division of Water Quality March 3, 2008 Memorandum: TO: Tom Reeder Wetlands and Stormwater Branch Supervisor FROM: Roger C. Edwards :dam Asheville Regional Office PREPARED BY: Linda Wiggs 1/' SUBJECT: Enforcement Recommendation JOHN G. SORENSON-Bear Creek Associates, Inc. Bear Creek Estates Cherokee County,NC Enclosed is an enforcement recommendation package for JOHN G. SORENSON-Bear Creek Associates,Inc. (Bear Creek Estates) in Cherokee County, NC. Linda Wiggs of this Office conducted a site inspection on January 9, 2008. A Notice of Violation and Recommendation for Enforcement was issued on January 15, 2008. On January 31, 2008, a response to the DWQ NOV was received in this office. The response indicated Pangaea Development Services has been contracted to perform NCG010000 monitoring and reporting at Bear Creek Estates for Mr. Sorenson. The current status of the site is the developer and consultant are working with DLR regarding Erosion Control Plan modifications. NCG010000 monitoring and reporting are being performed; reports are being supplied to DWQ until further notice. DLR plans to send an enforcement package for this development. The impacts have resulted in the following violations: • Part I Section B (1) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ rain gauge data. • Part I Section B (3) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. DWQ has 2 other Fast Track Enforcements for developments of Mr. Sorensons in this package. DLR has sent an Enforcement package for this development. Enforcement Costs: RO STAFF INSPECTOR 10 hours @$26.61 $266.10 RO SUPERVISOR 1 hours @ $39.17 $39.17 Mileage 135 miles @ $0.33/mile $44.55 Central Office Review and Processing_ $100.00 Total $449.82 �O� \N .QQ Michael F.Eas,, William G.Ross Jr.,Seca r" North Carolina Department of Environment and Natural Resourco, U 'C Coleen Sullins,Director Division of Water Quality March 3, 2008 CERTIFIED MAIL#7002 0460 0001 9899 6869 RETURN RECEIPT REQUESTED JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. 3424 Skyline Road Rock Hill, S.C. 29730 SUBJECT: Assessment of Civil Penalty NPDES Stormwater Permit NCG010000 (DWQ tracking # NCR000629) JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. Bear Creek Estates Case No. PC-2008-0011 Cherokee County Dear Mr. Sorenson: This letter transmits notice of a civil penalty assessed against JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. in the amount of$1,449.82, which includes $449.82 in investigative costs. This assessment is based upon the following facts:JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. was issued Stormwater General Permit Number NCGO10000 for the site in accordance with NCGS 143- 215.1(a)and 15A NCAC 2H .0126. On December 4, 2007, Division of Water Quality (DWQ) conducted a site inspection and it was determined that the rain gauge data was not recorded, and the inspection of erosion control ' measure records were not recorded and available for review. Based upon the above Finding of Fact, I make the following conclusion of law: JOHN G. SORENSON BEAR CREEK ASSOCIATES, INC. violated the terms, conditions or requirements of Stormwater General Permit Number NCG010000. JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a) (2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. Additionally,.the State's enforcement cost in this matter may be assessed against JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8). Based upon the above Findings of Fact and Conclusions of Law, I, Roger C. Edwards, Division of Water Quality Regional Supervisor, acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, make the following Decision. Accordingly, JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. is hereby assessed a civil penalty of: $500.00 for one.(1) violation of Part I Section B (1)of Stormwater General Permit Number NCG010000 by failing to record and provide DWQ rain gauge data. $500.00 for one (1)violation of Part I Section B (3) of Stormwater General Permit Number NCG010000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. $1449.82 ! TOTAL CIVIL PENALTY $449.82 Enforcement Costs $1449.82 TOTAL AMOUNT DUE North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper hntnil JOHN G.SORENSON-BEAR CREEK ASSOCIATES,INC. Case No.PC-2008-0011 Cherokee County Page 2 of 3 Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost.of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30) calendar days of receipt of this notice,you must do one of the following three options: 1. Submit payment of the penalty, OR 2. File a request for remission of civil penalties, OR 3. File a written petition to the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty(30)calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. These options are detailed below: Option 1 —Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources (DENR). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Payment must be sent within 30 calendar days of receipt of this notice to the attention of: Mr.John Hennessy NC Division of Water Quality—NPS Assistance&Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2—File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached'Waiver of Right to an Administrative Hearing and Stipulation of Facts" and the attached "Justification for Remission Request"which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. \ For this option you must file your request for remission of civil penalties within thirty(30)calendar days of receipt of this notice with the NPS Assistance &Compliance Oversight Unit. Submit this information to the attention of: JOHN G.SORENSON-BEAR CREEK ASSc_ Case No.PG Cherokee, Page Mr.John Hennessy NC Division of Water Quality—NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3—File a written petition to the Office of Administrative Hearings: If you wish to contest any portion of the civil penalty assessment, you must file a petition for a contested case hearing. This must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 1508 of the North Carolina General Statutes.. For further information,please refer to the Office of Administrative Hearings website (http://www.ncoah.comn. Within thirty(30)calendar days of receipt of this notice, you must file your original petition for a contested case hearing in the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 You must also mail or hand deliver a copy of the written petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel —1601 Mail Service Center Raleigh, NC 27699-1601 and to: Mr.John Hennessy NC Division of Water Quality—NPS Assistance&Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ,— The violations addressed by this assessment and any impacts to waters must be properly resolved. You are encouraged to contact this office if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future, continuing,or other violations beyond the scope of this specific assessment. If you have any questions, please contact Linda Wiggs of the Asheville Regional Office at 828-296-4500 or the Non-Point Source Assistance and Compliance OversightUnit at 919-733-5083. Sincerely, Roger C. Edwards Water Quality Regional Supervisor Asheville Region Attachments cc: ARO—SW P Files ARO-DLR Water Quality Central Files NPS Assistance & Compliance Oversight Unit STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cherokee IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC.) STIPULATION OF FACTS CASE NO. PC-2008-0011 Having been assessed civil penalties totaling $1,449.82 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated March 3. 2008 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty(30) days from the receipt of the civil penalty assessment. This the day of . 20 NAME (printed) SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2008-0011 County: Cherokee Assessed Party: JOHN G. SORENSON-BEAR CREEK ASSOCIATES, INC. Permit No.: NCGO10000 (NCR000629) Amount Assessed: $1,449.82 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors-in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); _ (d) the violator had not been assessed civil penalties for anV previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial action_s (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): Surface Water Protection Asheville Regional Field Office Division of Water Quality March 3, 2008 Memorandum: TO: Tom Reeder Wetlands and Stormwater Branch Supervisor FROM: C. Edwards Asheville Regional Office PREPARED BY: Linda Wiggs SUBJECT: Enforcement Recommendation JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC Cherokee Woods Development Cherokee County,NC Enclosed is an enforcement recommendation package for JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC (Cherokee Woods Development) in Cherokee County,NC. Linda Wiggs of this Office conducted a site inspection on December 4, 2007. A Notice of Violation and Recommendation for Enforcement was issued on January 7, 2008. On January 31, 2008, a response to the DWQ NOV was received in this office. The response indicated Pangaea Development Services has been contracted to perform NCGO10000 monitoring nd reporting for Mr. Sorenson. The current status of the site is the developer and consultants are still working with DLR regarding Erosion Control. NCGO10000 monitoring and reporting are being performed; reports are being supplied.to DWQ until further notice. The impacts have resulted in the following violations: • Part I Section B (1) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ rain gauge data. • Part I Section B (3) of Stormwater General Permit Number NCGO10000 by failing to record and provide DWQ inspection records of the erosion and sediment control facilities and stormwater discharges. • Part I Section C (2) of Stormwater General Permit Number NCG010000 by failing to properly maintain approved sediment and erosion control measures. DWQ has 2 other Fast Track Enforcements for developments of Mr. Sorensons in this package. Enforcement Costs: RO STAFF INSPECTOR 10 hours @ $26.61 $266.10 RO SUPERVISOR 1 hours @ $39.17 $39.17 Mileage 270 miles @ $0.33/mile $89.10 Central Office Review and Processing $100.00 Total $494.37 W A TF�Q Michael F.Easle; William G.Ross Jr.,ScM' North Carolina Department of Environment and Natural Resources,, .� Coleen Sullins,Director Division of Water Quality March 3, 2008 CERTIFIED MAIL#7002 0460 0001 9899 6869 RETURN RECEIPT REQUESTED JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC 3424 Skyline Road Rock Hill, S.C. 29730 SUBJECT: Assessment of Civil Penalty NPDES Stormwater Permit NCG010000 (DWQ tracking# NCR000590) JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC Cherokee Woods Case No. PC-2008-0012 Cherokee County Dear Mr. Sorenson: This letter transmits notice of a civil penalty assessed against JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC in the amount of$1994.37,which includes$494.37 in investigative costs. This assessment is based upon the following facts: JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC was issued Stormwater General Permit Number NCG010000 for the site in accordance with NCGS 143-215.1(a) and 15A NCAC 2H .0126. On December 4, 2007, Division of Water Quality(DWQ) conducted a site inspection and it was determined that the rain gauge data was not recorded, and the inspection of erosion control measure records were not recorded and available for review. Stormwater control measures were not properly maintained. Based upon the above Finding of Fact, I make the following conclusion of law: JOHN G. SORENSON- CHEROKEE WOODS ASSOCIATION, INC violated the terms, conditions or requirements of Stormwater General Permit Number NCG010000. JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a) (2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. Additionally, the State's enforcement cost in this matter may be assessed against JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282 (b)(8). Based upon the above Findings of Fact and Conclusions of Law, I, Roger C. Edwards, Division of Water Quality Regional Supervisor, acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, make the following Decision. Accordingly, JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC is hereby assessed a civil penalty of: $50 for one (1)violation of Part I Section B (1) of Stormwater Y 0.00 ater General Permit Number NCG010000 by failing to record and provide DWQ rain gauge data. $500.00 for one (1) violation of Part I Section C (2) of Stormwater General Permit Number NCG010000 by failing to properly maintain approved sediment and erosion control measures. $500.00 NCG010 00 by failing to record and provide DWQ inspection records of the violation of Part I Section B 3 of Stormwater General Permit Number erosion and sediment control facilities and stormwater discharges. North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper JOHN G.SORENSON-CHEROKEE WOODS ASSOCIATION,INC Case No.PC-2008-0012 Cherokee County Page 2 of 3 $1,500.00 TOTAL CIVIL PENALTY $494.37 Enforcement Costs $1,994.37 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)calendar days of receipt.of this notice, you must do one of the following three options: 1. Submit payment of the penalty, OR 2. File a request for remission of civil penalties, OR 3. File a written petition to the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty(30)calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. -` These options are detailed below: Option 1 -Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources (DENR). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Payment must be sent within 30 calendar days of receipt of this notice to the attention of: Mr.John Hennessy NC Division of Water Quality—NPS Assistance &Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2—File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached "Waiver of Right to an Administrative Hearing and Stipulation of Facts"and the attached "Justification for Remission Request'which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; ->, (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. For this option you must file your request for remission of civil penalties within thirty(30)calendar days JOHN G.SORENSON-CHEROKEE WOODS ASSOt. Case No.PC Cherokee Page 3�. of receipt of this notice with the NPS Assistance &Compliance Oversight Unit. Submit this information to the attention of: Mr.John Hennessy NC Division of Water Quality-NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3—File a written petition to the Office of Administrative Hearings: If you wish to contest any portion of the civil penalty assessment, you must file a petition for a contested case hearing. This must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. For further information, please refer to the Office of Administrative Hearings website (http://www.ncoah.comn. Within thirty(30)calendar days of receipt of this notice, you must file your original petition for a contested case hearing in the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 You must also mail or hand deliver a copy of the written petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 and to: MR.JOHN HENNESSY NC Division of Water Quality—NPS Assistance&Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The violations addressed by this assessment and any impacts to waters must be properly resolved. You are encouraged to contact this office if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future, continuing, or other violations beyond the scope of this specific assessment. If you have any questions, please contact Linda Wiggs of the Asheville Regional Office at 828-296-4500 or the Non-Point Source Assistance and Compliance Oversight Unit at 919-733-5083. Sincerely, Roger C. Edwards Water Quality Regional Supervisor Asheville Region Attachments cc: ARO—SW P Files ARO-DLR Water Quality Central Files NPS Assistance&Compliance Oversight Unit STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cherokee IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC) STIPULATION OF FACTS CASE NO. PC-2008-0012 Having been assessed civil penalties totaling $1,994.37 for violation(s) asset forth in the assessment document of the Director of the Division of Water Quality dated March 3. 2008 ,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of 20 NAME (printed) SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2008-0012 County: Cherokee Assessed Party: JOHN G. SORENSON-CHEROKEE WOODS ASSOCIATION, INC Permit No.: NCG010000 (NCR000590) Amount Assessed: $1,994.37 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the .violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; , (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): Michael F. Easley,Governor William G.Ross Jr.,Secretary Q North Carolina Department of Environment and Natural Resources ram" Coleen H.Sullins, Director LA nGr Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 3, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7088 Mr. Peter N. Alexander Young Life Windy Gap Camp 120 Coles Cove Road Weaverville,North Carolina 28787 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO034304 Young Life Windy Gap Camp Case No. LV-2008-0084 Buncombe County Dear Mr. Alexander: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$265.07 ($200.00 civil penalty+$65.07 enforcement costs) against Young Life Windy Gap Camp. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Young Life Windy Gap Camp for the month of December 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0034304. The violations which occurred in December 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Young Life Windy Gap Camp violated the terms, conditions or requirements of NPDES Permit NCO034304 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Young Life Windy Gap Camp: NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0034304, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLL 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0034304, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. $200.00 TOTAL CIVIL PENALTY $65.07 Enforcement Costs $265.07 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which,are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please ,repare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition ._ for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and .5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the,Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Rogel C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: WQ-SWP Asheville Files w/attachments WQ-SWP Central Files w/ attachments Bob Guerra/ SWP Enforcement Files w/attachments 0:\WPDATA\DEMWQ\Buncombe\34304 Young Life Windy Gap\LV-2008-0084.34304.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0084 County: Buncombe Assessed Party: Young Life Windy Gap Camp Permit No.: NCO034304 Amount Assessed: $265.07 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Dearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); `. (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS YOUNG LIFE WINDY GAP CAMP ) PERMIT NO. NCO034304 ) FILE NO. LV-2008-0084 Having been assessed civil penalties totaling$265.07 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 3, 2008,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE w d) 0) a u u r w w z O = y E E > O 7 T Q Z O w w ~ O v a 00 o m J N 0 W g w QN U J Q U Cd E 4 V � O -� 0 c 7 m a � E j_ O O — F Z w o E Z O U rL E `t M w U o Q o 00 I— tv C z N w a Y c - w U il. cr LL. W Q _ m p n w o 0 Q J ~ < o 0 O ❑ `" 7 coO Q E U a ca (9 c w uj J J w O U C1 U C C U w p a LL } z J Q > U 0 w w LL J J LL d O O F D O M Z d K o 0 Q N ❑ d N N w N N Z p 0 F O ' J O O O O w z O O IL E z J d ur e' O O O O N N (O r� O O O O O O O O N N 0 O N O N R O O O O O U U i m c o 0 0 0 0 0 0 0 0 z z z z z z z z z 'D x M a N N d O O O O O O O O n n N O O O O O C 0 64 64 VR 64 64 64 64 6% N N (li U N N N �? R � A m m O O N b (D O O m m M M M M M O O (D N O C N r N t- a. O M N M O M 6 N Ln 69 64 64 64 64 64 N R 1 O O 1- y N C N N O a) O m E U o d Q ° c (° O ac m = a E 0o O K Q ~ c O! C N O L d E W 2 Q 1S C d N i W S 2 0 0 0 (� 0 6'T 64 fFl Z N 7C E O N W 0' Q U c m o 0 IC-) V o 0 0 W w S o v.. c C 9 m 0 0 n� N d d d O O N d � E o R C � 7 m O O N � m d m O O m O E M M M M M O O m m T d r r n n o o N 61 C O 64 64 6`i 64 64 64 64 O N N U C .U.. O O W O m O O O C, U)O O O O N O O O O O O O O O O � Oct O O O O O O O O O r O- N O O N O O O O. N N N C N v N 69 Vi � 64 pQ p, to 0 64 64 64 64 V} O C O E m a a C) U o c (O m d m O O O - 0 m o O O o o O O T 0 > N 'a 6 "' N O N C C R d o o O o 0 o O O C N C d N a aQQ a-' C) J J �. N Q' (0 0 0 N N N �1 O .> N __ C' 0 0 U m N d m O E O O O O O O O O O y C +� .0 N 2 m o 0 0 0 0 0 0 0 U a R d lL d N m N N N N N N N N R R R > > > ) ) > K > > O O U J J J J J J J J J f- F- Michael F. Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 3, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7095 Mr. Bob B. Leatherwood Silver Bluff Village 100 Silver Bluff Drive Canton,North Carolina 28716 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO033600 Silver Bluff Village Pigeon Valley Rest Home Case No. LM-2008-0006 Haywood County Dear Mr. Leatherwood: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$215.07 ($150.00 civil penalty+ $65.07 enforcement costs) against Silver Bluff Village. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Silver Bluff Village for the month of December 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0033600. The violations which occurred in December 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Silver Bluff Village violated the terms, conditions or requirements of NPDES Permit NCO033600 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Silver Bluff Village: NorthCarolina �atura!!r� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www,ncwaterguality.org FAX (828)299-7043 1-800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0033600, by discharging waste water into the waters of the State \, in violation of the Permit Daily Maximum limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $50.00 NC0033600, for failure to monitor TOTAL RESIDUAL CHLORINE twice weekly. $150.00 TOTAL CIVIL PENALTY $65.07 Enforcement Costs $215.07 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina .27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) -' occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please ,pare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request. Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition _ for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition.to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter,as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, 1 ; �-:�, Rog7r C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: WQ-SWP Asheville Files w/attachments WQ-SWP Central Files w/attachments `. Bob Guerra/ SWP Enforcement Files w/attachments Goldie &Associates/ORC w/attachments Ci:\WPDA'I'A\DEMWQ\Ilaywood\33600 Pigeon Valley Rest home\33600 LM-2008-0006.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2008-0006 County: Haywood Assessed Party: Silver Bluff/Pigeon Valley Permit No.: NC0033600 Amount Assessed: $215.07 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT . AND NATURAL RESOURCES COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS SILVER BLUFF/PIGEON VALLEY REST HOME) PERMIT NO.NC0033600 ) FILE NO. LM-2008-0006 Having been assessed civil penalties totaling $215.07 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 3, 2008,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of. , 20 SIGNATURE ADDRESS TELEPHONE - w m w o a. a U � F LLJ o Z E Z > O O y E r= U J v t > T 1 LL N � Q O Z O LU W f W i- p M p J LLI e o p p F- w F w 5 = 5 � J L) U U O F- F O 3 J T f6 LL LL W O — O D' — > j w E w O g U cn 0 0 0 Q a� 00 F- CD p z z w w W N > > p j w K X S LL LL N w I~— > 2E p Ww ~ 0 F F- Q z O Q ! O 0 N > > U O E O S N d d K K c9 F F w > w w z c cr� O QQ p a m a v (L F�- J OF � O (D V UO w UO w LL J J Q Q d H CL o FLL. 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N _ d Q Q o O o 0 > O m c M O N O N > N N N a) CD > D U y y CD N c O E o 0 0 0 0 0 0 w h CO 0 d •� d d 2 o 0 0 0 0 0 0 U d O V- EL N `- N N N N N N F- F- � p� Michael F.Easley,Governor o % 3' William G.Ross Jr.,Secretary h r' North Carolina Department of Environment and Natural Resources 03) Coleen H.Sullins,Director m. Division of Water Quality December 28, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 70641472 Mr. Steve Rumsey, Manager CERTIFIED MAIL Cross Development, LLC RETURN REQUESTED - 7002 0460 0001 9899 7040 16475 North Dallas Parkway, Suite 550 2nd MAILING ATTEMPT Addison, Texas 75001 MARCH 5, 2008 Subject: Fast-Track Application Return North Hill Crossing Caldwell County Dear Mr. Rumsey: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to construct a sewer system to serve North Hill Crossing in Caldwell County, North Carolina. The application is being returned for the following reasons: (1)By Act of the North Carolina General Assembly, effective September 1, 2007, Fast-Track Permit processing fees were increased from $400 to $480. When resubmitting the application please submit a single check made out to the North Carolina Department of Environment and Natural Resources in the amount of $480. (2) Section A. 1 b indicates your title as Manager. Fast-Track Applications must be signed by some one having a rank of vice-president or higher. (3) Cross Development Lenoir, LP does not appear on the North Carolina Secretary of State's web site as being registered to conduct business in the State of North Carolina. look forward to receiving a completed application. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer cc: Harold J. Marvin, PE Application Return-North Hill Crossing MSD Collection System On NorethCarolina Natumlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Internet: www.newaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper `• `�y, i '�.� !. 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J Y) ii }a s t , a ��� 1 �.� _ `�/� h. �; �a� '��` `aJ �I 0F W,ATFR Michael F.Easley,Governor 3 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality March 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7125 David N. Edwards Asheville Regional Airport Authority 61 Terminal Drive, Suite 1 Fletcher,NC 28732 Subject: NOTICE OF VIOLATION.and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0143 Asheville Regional Airport NCGO10000 Permit Violations Buncombe County Dear Sir: On February 12, 2008,Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ)conducted a Construction Stormwater Permit NCG010000 compliance inspection for Asheville Regional Airport in Buncombe County. Site representatives present during the inspection were Scott Anson and Jerry Buckner with Charah Company and Samuel Gettleman with S&ME Consultants. The site was non-compliant with Permit NCG010000. Monitoring and Record keeping required by Permit NCGO10000 are incomplete. Inspection of stormwater pollution control measures, and documented maintenance for corrective actions have not been performed. Stormwater discharge outfall observations were only documented from January 28, 2008 thru February 10, 2008. By copy of this Notice of Violation,DWQ is requesting the Division of Land Resources (DLR) inspect this site. DWQ noted possible concerned with respect to the approved plan and operating erosion control measures to optimum efficiency. Additionally, is the concern of construction activity having begun prior DWQ issuance of 401 permit for stream piping, even though the DLR approval modification states, "necessary permits must be obtained prior to construction activity". o e hCarolina NNaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..newaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\NCR000734Airport\(NOV-2008-pc-0143)airportNOV.doc Page 2 of 3 Asheville Regional Airport Buncombe County As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Minimum Monitoring and Record Keeping (Part I. Section B. No. 1-3) Item I. Minimum Monitoring and Record Keeping The incomplete monitoring and record keeping represents violations of Construction Stormwater Permit NCGO10000 Part I. Section B. No. 1-3: Part I. Section B.No. I.-All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days ... and within 24 hours after any storm event of greater that 0.5 inches. Part I. Section B. No.2.- Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined above at the frequency in Part I. Section B.No. 1 to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Part I. Section B.No.3.- The operator shall keep a record of inspections. Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to Division of Water Quality(Attention: Linda Wiggs) 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Henessey at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. Permit NCGO10000 Violations: • It is requested that until further notice the Asheville Regional Office (attention Linda Wiggs) DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the stormwater pollution controls, and maintenance documented with corrective actions. Also, the stormwater runoff discharge inspections, , documenting any non-compliance at the site. -age 3of3 Asheville Regional Airport Buncombe County Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Linda Wiggs at or myself at(828) 296-4500. Sincerely, Roge& Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources NA7-,--jQ Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources r ?. Coleen H.Sullins,Director Division of Water Quality March 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7118 Richard Rabenau Ronald Basile Red Wolf Run, LLC 58 Wall Street Asheville, NC 28801 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0128 Red Wolf Run,LLC NCGO10000 Permit Violations Stream Standard Violations Madison County Dear Sirs: On February 6, 2008,Linda Wiggs and Jim Reid with the Division of Water Quality conducted a stormwater inspection at the Red Wolf Run Development on Joe Brown Road in Madison County. As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) NCGO10000 Permit Requirement-Part I. Section C. No. 2 (2) Turbidity Standards-15A NCAC 02B .0211 (3)k (3) Removal of Best Usage-15A NCAC 02B .0211 (2) (4) Failure to Secure a 401WQC-15A NCAC 2H .0500 (5) NCG010000 Permit Requirement-Part I. Section B. No.2 Item 1. NCG010000 Permit Compliance- Part 1. Section C.No.2 The exposed area near the Gatehouse had insufficient and improperly installed erosion control measures representing violations of Permit NCG010000 Part I. Section C. No. 2: During construction and until the completion of a construction or development and the establishment of a permanent ground cover, the permittee shall provide the operation and one maintenance necessary to operate the storm water controls at optimum efficiency. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper F G:\WPDATA\DEMWQ\Madison\Stormwater Construction NCG01\RedWolfRun-NCR000697\(nov-2008-pc-0128)RedWolf-NOV.doc Page 2 of 4 Red Wolf Run Madison County Item 2. Turbidity Standards-15A NCAC 02B .0211 (3)k Measures not maintained or operating at optimum efficiency allowed sediment laden waters to enter the unnamed tributary on the property representing violations of water quality standard 15A NCAC 02B .0211 (3)k Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU. Turbidity sampling results upstream at Red Wolf Run property was 55 NTU at the time of inspection. Turbidity sampling results downstream at the Red Wolf Run property was greater than 1000 NTU at the time of inspection. Item 3. Removal of Best Usage-15A NCAC 02B .0211 (2) Installation of two culverts (culvert number 1, approximately 100 feet in length and culvert number 2, approximately 70 feet in length) and removal of flow from an unnamed tributary due to a valve directing flow to an off line landscape pond represent violations of removal of best use 15A NCAC 02B .0211 (2): The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Item 4. Failure to Secure a 401WQC-15A NCAC 211 .0500 File review indicates a general certification was not issued for this project representing a violation of 15A NCAC 2H .0500: A Pre-Construction Notification submitted to DWQ is required prior to impacts. Certifications ate required whenever construction or operation of facilities will result in a discharge into navigable waters as described in 33 CFR Part 323. Item 5. NCGO10000 Permit-Minimum Monitoring and Record Keeping(Part I. Section B.No.2) Stormwater discharge observations have not been observed and recorded at Red Wolf Run as required by Permit NCGO10000 representing violations of Permit NCGO10000 Part I. Section B. No.2: Stormwater discharges shall be inspected by observation for stormwater discharge characteristics within 24 hours after every half-inch or greater rain event to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site corrective action shall be taken immediately to control the discharge of sediments outside disturbed limits. �e 3 of 4 Xed Wolf Run Madison County Requested Response This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to Linda Wiggs Division of Water Quality 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh, NC 27699-1617. Your response should address the following items: NCGO10000 Permit Compliance Violations A. Please detail the events that resulted in non-compliance with the above-mentioned Item I NCGO10000 permit conditions causing the turbidity violation mentioned in Item II. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit. 401 Certification B. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not secured. Please submit the following documents for review and approval: • Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. • Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Application for a 401 Water Quality Certification to DWQ will also be required. • Please indicate in your response a detailed schedule with dates explaining when an application will be submitted. NCG010000 Permit Monitoring and Record Keeping C. Based on this review, it is strongly recommended that you use the attached Stormwater Inspection Form For General Permit NCG010000 to record your inspections. Until further notice it is requested that Linda Wiggs be provided a copy of all weekly stormwater inspection/monitoring reports. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Page 4 of 4 Red Wolf Run Madison County Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs at or myself at(828) 296-4500. Sincerely, Roge'f C. Edwards Surface Water Protection Section i cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources U.S. Army Corps of Engineers Michael F.Easley,Governor dgATE� William G.Ross Jr.,Secretary 1 North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of water Quality March 5, 2008 CERTIFIED MAIL 7002 0460 0001 9899 7101 RETURN RECEIPT REQUESTED Mr. Mike Decker, Town Administrator Town of Franklin 188 West Main Street Franklin, North Carolina 28734 SUBJECT: Assessment of Civil Penalty for Violations of N.C. General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County . Case No. DV-2008 Dear Dear Mr. Decker: an assessment of a civil penalty in the amount of $287.68 ($200.00 This letter tran smits civil penalty + $87.68 enforcement costs) against the Town of Franklin.w has been ducted of the This assessment is based uponppon the Collection System Sanitary SewerReport (CSollowing tSSO)fore he Town of Franklin. This n of he requirements found in review has shown the subject collection system to olation occurred ton January 29, 2008 and Collection System Permit No. WQCS00101. The v involved the release of 300 gallons of untreated wastee samater eeason, in a three week period of the State's surface waters and as the second SSO in the same location, occurring for th time. Based upon the above facts, I conclude as a motion System er of Iaw that Perlmit No. WQC50010e Town of Franklin 1 and violated the terms, conditions, or requirements of Collection the manner and extent shown above. A North Carolina General Statute (G.S.) 143-215.1(a)( ) civil penalty may.be assessed against any trson who is tes the terms, con established by G Siti143�215.6A. or requirements of a permit in accordance withhe maximums Based upon the above findings of fact and conclusions of law, and in accordance Reso with and authority provided by the Secretary of the Department of Environment and as of Water Quality, the Director of the Division Water Regional Quality; Supery sor'fordthe Asheville Regional Office, hereby Surface Water Protection Section goal make the following civil penalty assessment against the Town of Franklin: No°rthCarolina ��rtirrally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)FAX (828)2994 003 Cu877 stomer Service Internet: www..ncwaterquality.org An Equal opportunity/Affirmative Action Employer—50%Recycled110%Post consumer Paper � 200.00 t- For 1 of the one (1) violation of G.S. 143- 215.1(a)(1) and Collection System rmit Number WQCS00101 by discharging waster to the waters of the State without a permit for DWQ Incident No. 200800279. 200.00 TOTAL CIVIL PENALTY 87.68 Enforcement costs. 287.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken int account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- o 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: • Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 14313- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission e Director of the Division of Water Quality will must be submitted in writing. Th review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND . Roger C. Edwards, Regional Supervisor Surface Water Protection Section 2090 U. S. Highway 70 Asheville, North Carolina 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919)733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 ,may AND Daryl Merritt, PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Roy Davis of the Asheville Regional Office at (828) 296-4500. ( ate) Rog .r C. Edwards Regional Supervisor Surface Water Protection Asheville Regional Office Division of Water Quality ATTACHMENTS cc: Roy Davis w/ attachments Daryl Merritt, PERCS Unit Enforcement File w/ attachments Central Files w/ attachments DV-2008-0018 Franklin Collection System Macon County `L.. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF MACON AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF A CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND THE TOWN OF FRANKLIN STIPULATION OF FACTS PERMIT NO. WQCS00101 FILE NO. DV-2008-0018 Having been assessed civil penalties totaling $287.68 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 5, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the abOVe-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 2008 BY ADDRESS TELEPHONE a. viol, assessn granted only when you believe applies to your cast-- documents, as to why the factor applies (a«u`. (a) one or more of the civil penalty assessment factors , wrongfully applied to the detriment of the petitioner (the assessment factors penalty assessment document); _ (b) the violator promptly abated continuing environmental damage' violation (i,e., explain the steps that you took to correct the violation occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain wrry �;�e violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Michael F. Easley,Governor tQ William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director r J■ _{ Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7071 Mr. George Shook, Jr. Wildcat Cliffs Country Club 770 Country Club Drive Highlands,North Carolina 28741 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO075612 Wildcat Cliffs Country Club Wildcat Cliffs Country Club WWTP Case No. MV-2008-0006 Macon County Dear Mr. Shook: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$265.00 ($200.00 civil penalty+ $65.00 enforcement costs) against Wildcat Cliffs Country Club. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Wildcat Cliffs Country Club for the month of November 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0075612. The violations which occurred in November 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Wildcat Cliffs Country Club violated the terms, conditions or requirements of NPDES Permit NCO075612 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Wildcat Cliffs Country Club: NSAhCarolina naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Servin Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0075612, for failure to monitor TOTAL RESIDUAL CHLORINE twice weekly. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $50.00 NC0075612, for failure to monitor DISSOLVED OXYGEN weekly. $50.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0075612, for failure to monitor pH weekly. $200.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $265.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty sessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR � 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition r. for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed- provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely,, RogerC. Edwards Regional Supervisor ervisor g p Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: WQ-SWP Asheville Files w/attachments WQ-SWP Central Files w/attachments Bob Guerra/WQ-SWP Enforcement Files w/attachments Environmental Inc./ ORC w/attachments GAWPDATA\DEMWQ\Macon\75612 Wildcat Cliffs\75612.MV-2008-0006.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2008-0006 County: Macon Assessed Party: Wildcat Cliffs Country Club WWTP Permit No.: NC0075612 Amount Assessed: $265.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i,e., explain why the violation was unavoidable or something you could not prevent or�prepare for); — (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MACON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS WILDCAT CLIFFS COUNTRY CLUB WWTP ) PERMIT NO.NCO075612 ) FILE NO. MV-2008-0006 Having been assessed civil penalties totaling$265.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 5, 2008,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE W O O O a. - - - >- m m m Z O U U U 5 0) Q) ct cr L > LL LL LL y Q Z O LLI w 0 e W W 5 = J U j J Q U H C J O U R LL � N O Z Z w O U A to � o U o Q 0o a G U Z C ( W Y . LLl � O a) U LU X U LL N 7 W Q U m Q r h W o 0 0 Q ro ro U O L) C 3 O U N w U W w z oR a -' y a U o a �> Z N O _J Q > > U p w w w laL J J _ LL a O O O a. O O O y O N C t�0 O O Z W 0 0 0 O � Q N N N Cl Z 0 Oo r J w C Z g N m ILd 09� (n v�l O O O O 0 o N O O O U U co z z z z z o 2 O. (L o o � o 0 0 0 0 0 0 O vi tR ss ai vi 10 V N N r C � � � N m O O O O O O O O O O o O O O O M d ON v V a � H N C O C f N N C N d O h O E Q U ° N C N O y N C a 7 E 0o O K Q ~ o_ N C N � N E W Q S c U M i w x x O o 0 j C E o rz w W Q N U r i c 0 U a C W W S c o v � m ayi a E c o a A C E O y O a 0 0 0 � o o a o 0 E o 0 0 o r .T.. � o 0 0 o co C U N V3 09 64 6G, - O 2 O o O U r w p O ui 0 0 0 o o n 0 0 0 0 0 c 64 w » � A E op a E c > > a Q v, L Z' E O O O O O O N N U U c H CL N r cn w h .- o 0 0 N_ 4. Q Q O N O 1V U U N o N N w N d T w O E O O O O to N C .0 cc a) N Z o 0 0 0 0o U IL Q LL 0 �t� Michael F.Easley,Governor 'xQ William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7064 Mr. James T. Asbury, Divisional Facilities Manager Pilot Travel Centers LLC 5508 Lonas Road Knoxville, Tennessee 37909 Subject: NOTICE OF VIOLATION NOV-2008-MV-0021 Permit No. NCO086053 Pilot Travel Center#393 Haywood County Dear Mr, Asbury: A review of Pilot Travel Center#393's monitoring report for December 2007 showed the following violation.- Parameter Date Measuring Violation Frequency Ammonia Nitrogen 12/31/07 2X Month Failure to monitor twice monthly. It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance. Remedial actions, if not already implemented, should be taken to correct any problem. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, e2ei r&,a Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville`Regional Office cc: WQ-SWP Asheville Files WQ-SWP Central Files Bob Guerra/WQ-SWP Enforcement Files Environmental Inc./ORC John Allman/ Dynamis, Inc. G:\WPDATA\DEMWQ\Haywood\86053 Pilot Travel Center\86053.NOV-2008-MV-0021.doc NorthCarolina Xaturldil North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 -- _ ____ _._ z_J. L-- �\ �� 1 �."% _ � _�J _ _ ___ _ _. Michael F.Easley,Governor TF� William G.Ross Jr.,Secretary Q North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director UOV-11 r Division of Water Quality 5 Q "C Asheville Regional Office SURFACE WATER PROTECTION SECTION March 6, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7057 Mr. Mack McKeithan Fair Haven Home 149 Fairhaven Drive Bostic, North Carolina 28018 Subject: NOTICE OF VIOLATION NOV-2008-LV-0119 Permit No. NCO079448 Fair Haven Home WWTP Rutherford County Dear Mr. McKeithan: A review of Fair Haven Home's monitoring report for December 2007 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 12/10/07 400#/100ml 6,000#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296b 4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: WQ-SWP Asheville Files WQ-SWP Central Files Bob Guerra/ Enforcement Files Water Quality Lab &Operations/ORC G:\WPDATA\DEMWQ\Rutherford\79448 Fair Haven\79448.NOV-2008-LV-0119.doc NorthCarolina ,lath,alll,J North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncw terguality.org FAX (828)299-7043 1-877-623-6748 \OF \NATF� Michael F.Easley,Governor 04 t�i William G.Ross Jr.,Secretary PNorth Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality March 6, 2008 Ms. Karla Crouse 626 Cyril Avenue Pasadena, Maryland 21122 Subject: Illegal Discharge of Sewage 84 Maxwell Road Buncombe County Dear Ms. Crouse: On March 3, 2008 1 confirmed that sewage from your rental house at 84 Maxwell Road is being discharged onto the front yard of your neighbor's home next door at 129 Ridge Cross Road. This was accomplished by placing dye in the cleanout behind your house. Dyed water almost immediately appeared in the yard of 129 Ridge Cross Road. The discharge of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1(a). Violations of North Carolina General Statute 143-215.1(a) are punishable by Civil Penalties of up to $25,000 per day with each day a violation continues being considered a separate violation. Mr. Steve Jones with the Buncombe County Health Department informs me that your Maxwell Road property may have a disused septic tank-drain field which could be available to provide sewer service at that location. I find it reasonable that, within thirty (30) days from date of receipt of this letter, the discharge of sewage from your Maxwell Road property onto the yard at 129 Ridge Cross Road be eliminated. This may be accomplished by repair of your service line, construction or reactivation of a septic tank- drain field system, or vacating the house. Please inform me in writing when the illegal discharge of sewage has ceased. Sincerely, czz�,� air Roy M. bavis Environmental Engineer Xc: Steve Jones, Buncombe County Health Department Karla Crouse Letter.08 MSD Collection System NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper � ; -,,, '�,_ �_ l __ Michael F.Easley,Governor 61 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Cs Coleen H.Sullins,Director Division of Water Quality a March 7, 2008 Madison County DWQ Project No. 080380 NCSR 1524 (Sam Fox Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. J. Swain,Jr.,P.E. Division Engineer N C Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an unnamed tributary to the Middle Fork Little Ivy Creek, for the purpose of making improvements to NCSR 1524 (Sam Fox Road)in Madison County: Stream Im acts in the French Broad River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Stream Perennial Stream Dewatering in Impact Impacts Intermittent (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream(linear (linear ft) Mitigation ft) linear ft Site 1 Sta. 0 0 5 50 55 0 32+36 Total 0 1 0 5 50 55 0 Total Stream Permanent Impact for Project: 5 linear feet. Temporary Impact for Project: 50 linear feet. The project should be constructed in accordance with your application dated February 28, 2008.(received.March 3, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. Please note that new 401 Water Quality Certifications went into effect on November 1,2007. These Certifications contain additional requirements that were not in the old certifications. You are strongly urged to review these new certifications(attached) and become familiar with their requirements. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre,or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any ,additional conditions listed below. One NorthCarolina �Naturallr� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. J. Swain, Jr.,P.E. March 7,2008 Page Two 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. NCDOT shall use /Design Standards in Sensitive Watersheds/ [15ANCAC 413.0124 (a)-(e)] for the entire project. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a)regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 working days of ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible. Matting should be secured in place with staples or wherever possible,live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 6. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 7. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 8. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 9. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 13. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. wain, Jr.,P.E. /, 2008 oe Three 17. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, 'regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal)having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 18. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 19. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, - Coleen H. Sullins,Director Division of Water Quality cc: Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental David Baker,USAGE,Asheville Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office 080380(Swain)NCSR 1524 Sam Fox Road William G.Ross Jr.,Secretary ,k North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director ��� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 7, 2008 Angela H Woodson Town of Rosman PO Box 636 Rosman NC 28772 SUBJECT: Compliance Evaluation Inspection Rosman WWTP Permit No: NCO021946 Transylvania County Dear Ms. Woodson: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on February 21, 2008. Chuck Cranford and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found - to be in Compliance with permit NC0021946. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Wesley Royal during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Eery Keith Haynes Environmental Senior Specialist Enclosure cc: William Wesley Royal, ORC Central Files Asheville Files l NorthCarolina 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Transylvania\21946 Rosman WWTP\2.21.08ceiletter.doc rr--_ \. �_.�� t �� United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 2 3 11 12 17 18 19 20 NI 15I I NCO021946 I I 08/02/21 ( I CI I SI 1 II Remarks 21111111111111IIIIIIIIIIIIIIIIIIIIIIIIII1111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------------------—Reserved-------------------- 67I 169 70I I 71 I I 72I NJ 73 LU 74 75I I I I I I Li Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30 AM 08/02/21 06/06/01 Rosman WWTP NCSR 1156 Exit Time/Date Permit Expiration Date Rosman NC 28772 11:30 AM 08/02/21 10/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William Wesley Royal/ORC/828-884-9537/ Name,Address of Responsible Official/Title/Phone and Fax Number Angela H Woodson,PO Box 636 Rosman NC 28772//828-743-2656/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)o inspector(s) Agency/Office/Phone and Fax Numbers Date Chuck Cranford ARO WQ/// Keith Haynes ARO WQ//828-296-4500/ 8 r-r J Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 1711e2 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 11 12 17 18 NCO021946 I 08/02/21 I ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NCO021946 Owner-Facility: Rosman WWTP Inspection Date: 02/21/2008 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ■ 0 Judge,and other that are applicable? Comment: The facility is a newly constructioned WWTP. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ ❑ n n #Are there any special conditions for the permit? ❑ ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ ❑ n n Is the flow meter operational? n ■ I l n (If units are separated)Does the chart recorder match the flow meter? ■ n n n Comment: Since the facility is new, there are still some items not yet working properly. The influent flow meter is one of those items. Bar Screens Yes No NA NE Type of bar screen a.Manual (� b.Mechanical ■ Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ n I_I Is the unit in good condition? ■ ❑ ❑ f1 Comment: Sequencing Batch Reactors Yes No NA NE Type of operation: Simplex,Multiple Is the reactor effluent free of solids? ❑ n ■ fl `-< Does minimum fill time correspond to the peak hour flow rate of the facility? n n n ■ Page# 3 Permit: NC0021946 Owner-Facility: Rosman WWTP � Inspection Date: 02/21/2008 Inspection Type: Compliance Evaluation Sequencing Batch Reactors Yes No NA NE - Is aeration and mixing cycled on and off during fill? ■ n n n The operator understands and can explain the process? ■ ❑ n n Comment: There was no discharge during the inspection Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ n ❑ n Is flow meter calibrated annually? ■ ❑ n n Is the flow meter operational? n ■ n n (If units are separated)Does the chart recorder match the flow meter? ■ n n n Comment: The flow meters are still being adjusted for proper operation. Disinfection-UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ n Are UV bulbs clean? ■ n ❑ n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? ■ ❑ n n - Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n ❑ ❑ Comment: There is no back-up system Page# 4 JtC W A Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Surface Water Protection Section March 7, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7132 Mr. Randy Jameson Ingles Markets, Inc. Post Office Box 6676 Asheville, North Carolina 28816 Subject: Notice of Violation/Notice of Recommendation for Enforcement NOV-2008-PC-0164 Ingles of Marshall (NCR000759) Madison County Dear Mr. Jameson: The Asheville Regional Office of the Division of Water Quality (Division) is considering sending a recommendation for enforcement action to the Director of the Division. The recommendation concerns Ingles Markets, Inc's. violation of North Carolina General Statute 143-215.1 for conditions of General Permit NCG010000. The cited permit requires that records be made available to the Division upon request. To date, the Division of Water Quality's requests for records via email communication (of February 8, 2007) to the addressee, the voice mail request (same date) of Mr. Tom Alexander (Taylor and Murphy Construction) and the letter to the addressee dated February 18, 2008 have gone unanswered. If there is an explanation for the violation, please respond in writing within ten (10) days of receipt of this Notice. The explanation will be reviewed and if an enforcement action is still deemed appropriate, the response will be forwarded to the Director for her consideration along with the enforcement package. NorthCarolina Natrcrallry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Randy Jameson March 7, 2008 Page 2 If there are questions concerning this matter, please contact Mr. James Reid at telephone number 828-296-4500. Sincerely, 4 Roger C. Edwards, Regional Supervisor Surface Water Protection Section xc: Point Source Compliance/Enforcement Unit Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director > =1 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 7, 2008 Mr. Lamar Nix, P.E., Town Engineer Town of Highlands Post Office Box 460 Highlands, North Carolina 28741 Subject: S.B. Association Collection System Inspection Macon County Dear Mr. Nix: On March 6, 2008 1 participated in an inspection of the wastewater collection system operated by S. B. Association. The system serves portions of Shelby Place and Highlands Country Club. It has been proposed that ownership of the system be transferred to the Town of Highlands. I saw nothing which would cause me to recommend that the Town of Highlands not accept ownership of the system. All three pump stations have dual pumps, emergency power generators, telemetry, security fencing and in general have been brought up to modern standards. If the Town is considering accepting ownership of the system, I suggest that the Town first require that all manholes be exposed, all right-of-way be cleared and the transfer involve conveyance of sufficient recorded right-of-way to allow access for purposes of maintenance. The Town might consider asking for right-of-way for a future gravity line to allow abandonment of the Lower Brushy Face Road lift station. As a general principle, I am in favor of collection systems being turned over to units of government considering that such systems will generally receive better operational attention under public ownership. Should you need to discuss this matter please do not hesitate to call me at (828)296-4659. Sincerely; 1 Roy M. Davis Environmental Engineer S.B. Association.08 Highlands Collection System Macon County 2090 U.S.Highway 70, Swannanoa,N.C. 28778 8281296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 No tKarolina ��..,'. \� \�I /,_ A T�� Michael F.Easley,Governor William G.Ross Jr.,Secretary 1- North Carolina Department of Environment and Natural Resources C� C Coleen H.Sullins,Director Division of Water Quality Surface Water Protection Section March 7, 2008 Ms. Nancy Hollifield 160 Crest View Drive Forest City, North Carolina 28043-4400 Subject: Complaint Investigation Incident, 200800703 160 Crest View Drive Rutherford County, NC Dear Ms. Hollifield: Your assistance is appreciated in investigating possible impacts from the neighbor's (Mr. Norville's) lot. .Observations by the Division of Water Quality's staff indicated that Mr. Norville's operation was not causing or contributing to the softness of soil or flows of water onto the subject property. The recently placed topsoil and fill material plus substantial rainfall (on the day preceding the investigation) were likely responsible for the somewhat "soft" feel of the lawn. Should there have been flow from the adjacent property, the deep ditches and accompanying walls surrounding the property at 160 Crest View Drive would have prevented flow from entering the property. Neither the writer nor Mr. Don Price saw indications of waste flow from an adjacent property. Circumstances seen on March 5, 2007 revealed no situations within the Division of Water Quality's jurisdiction. The Division of Water Quality appreciates the opportunity to have addressed the matter. If conditions within the Division's area of responsibility develop, the agency's staff will respond. If there are questions, please contact the writer at telephone number 828- 296-4500 or at the address near the bottom of the page. _ Sincerely, James R. Reid Environmental Engineer Xc: Pat Kelly, DENR Customer Service Don Price one NorthCarolina ,VahavIlry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 7, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8495 J Robert Boyette City of Marion PO Drawer 700 Marion NC 28752 Subject: NOTICE OF VIOLATION NOV-2008-SP-0004 Permit No. NCO071200 Catawba River WWTP McDowell County Dear Mr Boyette: On August 8, 2007, the Environmental Management Commission entered into the subject Special Order by Consent (SOC) whereby the subject WWTP was granted relaxed effluent limitations for BOD and TSS from those imposed by the NPDES Permit, in exchange for the City of Marion's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Catawba River WWTP's monitoring report for November 2007 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 11/30/07 100 mg/I 114.75 mg/I Monthly Average Exceeded Solids, Total Suspended 11/24/07 180 mg/I 191 mg/1 Weekly Average Exceeded NoZhCarolina (Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: wvvw,ncwaterguality.org FAX (828)299-7043 1-877-623-6748 City of Marion Page Two March 7, 2008 You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to these violations. Section 3 of the SOC stipulates that a penalty in the amount of $1000/monthly violation and $500/weekly average be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances underwhich stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the City of Marion. If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit this information, in writing, to the Asheville Regional Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section 4, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. .If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296- 4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit ARO G:\WPDATA\DEMWQ\Mcdowe11\71200 Catawba River WWTP\NOV-2008-sp-0004.doc Michael F. Easley, Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director .y Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 7, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 0001 9899 7149 Mr. Witmer Wright Havon Inc. P.O. Box 1180 Candler,North Carolina 28715 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO075388 Havon Inc. Pleasant Cove Home WWTP Case No. LV-2008-0089 Buncombe County Dear Mr. Wright: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$752.50 ($687.50 civil penalty+ $65.00 enforcement costs) against Havon Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Havon Inc. for the month of December 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0075388. The violations which occurred in December 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Havon Inc. violated the terms, conditions or requirements of NPDES Permit NCO075388 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, l, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Havon Inc.: W thCarotina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwatergualitV.org FAX (828)299-7043 1-800 623-7748 1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. A� $125.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 2 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $0.00 NC0075388,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $0.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $312.50 NC0075388, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. $687.50 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $752.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality;, (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the , document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, k"t Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: WQ-SWP Asheville Files w/attachments WQ-SWP Central Files w/ attachments Bob Guerra/WQ-SWP Enforcement Files w/ attachments James & James Environmental/ORC w/attachments GAWPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.LV-2008-0089.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0089 County: Buncombe Assessed Party: Havon Inc./Pleasant Cove WWTP Permit No.: NCO075388 Amount Assessed: $752.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver: of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14311-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are.listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences), (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS HAVON INC./PLEASANT COVE WWTP ) PERMIT NO. NCO0753 88 ) FILE NO. LV-2008-0089 Having been assessed civil penalties totaling $752.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 7, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a a IL w (D 0 a) a) u w w w w w w O > > m = m E E `m E m E `m > m > m Q m a O > T .L+ T T L Q ❑ ❑ ❑ ❑ Z O LUG w f- V voi m a > m o J N V w m N N 0 ❑ W W g " U > " u J a U d a H V' st M d' V CJ 0 J U C 7 m U. 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N C 64 N fH M 64 a' U3'- r CL o o a Q N C O' N d u o (0 n n n n m o 0 0 0 0 0 0 O �+ 0 > N N O n N V1 N N N N r O N S 1-1d O n r N V N CDC 0 Q a 0 O O O O O > d Q o CD U 00 o n n _ C C Lo d o 0 0 0 0 0 0 0 O O N O O N O N CO N O > N N N N N O N N Q O a) n w rn 2 CL z Q r r r r o N N N V N n r M A) .� >+ w C O O O O C o o O N C = £ O E o 0 0 0 0 0 0 0 o a 3 v d Z o a o 0 0 0 0 0 o U a N 0 0 0 0 0 0 0 0 O LL, a � N N N N N N N N N N ro ro U J J J J J J J J F- f Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 10, 2008 Mr. Lamar Nix, Town Engineer Town of Highlands Post Office Box 460 Highlands, North Carolina 28741 SUBJECT: Compliance Evaluation Inspection Highlands WWTP Permit No: NCO021407 Macon County Dear Mr. Nix: Attached is the report resulting from the Compliance Evaluation Inspection that conducted on March 6, 2008. The Town of Highlands owns a fine wastewater treatment plant; it is being well operated, and is producing an exceptionally high quality effluent. Should you or Alec Templeton have need to discuss any aspect of this report, please do not hesitate to call me at (828)296-4659. Sincerely, Roy M. Davis Environmental Engineer Enclosure cc:Alec Templeton, ORC, Town of Highlands Surface /Water Protection Section Central Files Asheville Files G:\WPDATA\DEMWQ\Macon\21407 Highland WWTP\Inspection Cover Letter.08.doc NorthCarolina ,Vaturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 2 3 11 12 17 18 19 20 NI 15) I NC0021407 I I 08/03/06 I ICI I SI I I Remarks 211 1 1 1 L1 [ I I I I I I I LI ICI I I I I I I I I I I I I I I I I i l l l l _�I I I 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I (69 70I 51 71 I I 72I NJ 73 L1J 74 75, I I I I I Lj 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30 AM 08/03/06 04/11/01 Highlands WWTP Arnold Rd Exit Time/Date Permit Expiration Date Highlands NC 28741 01:00 PM 08/03/06 07/10/31 _ Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Alec Templeton//828-586-9318 / Alec Hayes Templeton/ORC/828-526-0504/ Name,Address of Responsible Official/Title/Phone and Fax Number rr Richard P Betz,PO Box 460 Highlands NC 28741//828-526-2118/8285262�5gglacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports Sludge Handling Disposal ®Facility Site Review ®Effluent/Receiving Waters ®Storm Water Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s Agency/Office/Phone and Fax Numbers Date Roy M Davis ARO WQ//828-296-4500 Ext.4659/ l Don Price Point Source Branch//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers bate Roger C Edwards ARO WQ//828-296-4500/ —> EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 11 12 17 18 NCO021407 I I 08/03/06 I ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The Town of Highlands owns a fine wastewater treatment plant, is doing a good job of operating the plant and the plant is producing an effluent of exceptional quality. Page# 2 Permit: NCO021407 Owner-Facility: Highlands WWTP Inspection Date: 03/06/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ Q 0 ❑ Is the facility as described in the permit? ■ n Q ❑ #Are there any special conditions for the permit? n ■ n Is access to the plant site restricted to the general public? ■ n ❑ Q Is the inspector granted access to all areas for inspection? ■ ❑ 0 n Comment: Excellent WWTP Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ■ Are the bars adequately screening debris? ■ Is the screen free of excessive debris? ■ ❑ Cl Is disposal of screening in compliance? ■ Cl ❑ 0 Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Screenings are disposed of in the Macon County Land Fill. Sequencing Batch Reactors Yes No NA NE Type of operation: Duplex Is the reactor effluent free of solids? ■ Q ❑ Q Does minimum fill time correspond to the peak hour flow rate of the facility? ■ n ❑ n Is aeration and mixing cycled on and off during fill? ■ n ❑ ❑ The operator understands and can explain the process? ■ rl ❑ 0 Comment: Reactors are working well. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ Q D n Is the mixing adequate? ■ Q [I 0 Is the site free of excessive foaming in the tank? ■ Q ❑ Q #Is the odor acceptable? ■ ❑ ❑ #Is tankage available for properly waste sludge? ■ Comment: Operations& Maintenance Yes No NA NE Page# 3 Permit: NCO021407 Owner-Facility: Highlands WWTP Inspection Date: 03106/2008 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: Sludge Judge used to monitor activated sludge. Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Is the filter media present? ■ n n ❑ Is the filter surface free of clogging? ■ n Cl n Is the filter free of growth? ■ n n n Is the air scour operational? n n n ■ Is the scouring acceptable? n ❑ n ■ Is the clear well free of excessive solids and filter media? ■ n n n Comment: Filters are working properly. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ Are UV bulbs clean? ■ n n n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? ■ ❑ 00 Is there a backup system on site? ® '❑ ❑ n Is effluent clear and free of solids? ■ n n n Comment: UV system is achieving excellent disinfection. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n 00 Are the receiving water free of foam other than trace amounts and other debris? ■ n n 0 If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: . Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? Page# 4 Permit: NCO021407 Owner-Facility: Highlands WWTP Inspection Date: 03/06/2008 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Was generator tested&operational during the inspection? n ■ ❑ n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n n ■ Is the generator fuel level monitored? ■ n n ❑ Comment: Once each week the generator carries the plant for 30 minutes. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available,complete and current? ■ n n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain-of-custody complete? ■ n n n Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete:do they include all permit parameters? ■ n ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? n n n ■ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ n Is the ORC visitation log available and current? ■ n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? n n ❑ ■ Comment: Page# 5 i. __ Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources f' Coleen H.Sullins,Director Division of Water Quality i Asheville Regional Office ,ram SURFACE WATER PROTECTION March 10, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8686 Anne Payne Town of Murphy PO Box 130 Murphy NC 28906 Subject: NOTICE OF VIOLATION N OV-2008-LV-0121 Permit No. NCO020940 Murphy WWTP Cherokee County Dear Ms Payne: . A review of Murphy WWTP's monitoring report for September 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 09/15/07 400#/100m1 750.31 #/100ml Weekly Broth,44.5C Geometric Mean Exceeded Remedial actions, if not already implemented,should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation,it is not requested that a response be submitted: however,should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Keith Haynes. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit PERCS Unit NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Cherokee\20940 Murphy WWTP\NOV-2008-Iv-0121.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director s Division of Water Quality ";� Asheville Regional Office SURFACE WATER PROTECTION March 10, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8723 Bernard M Kelly Davidson River Village LLC One Ecusta Rd Brevard NC 28712 Subject: NOTICE OF VIOLATION NOV-2008-PC-0157 Compliance Evaluation Inspection Former Ecusta Mill Permit No. NC0000078 Transylvania County Dear Mr. Kelly: Enclosed please find a copy of the Compliance Evaluation Inspection Report,for the inspection conducted on February 20, 2008. Chuck Cranford and Keith Haynes of the Asheville Regional Office conducted the inspection. The treatment facility was found to be in violation of Permit NC0000078 for the following: Inspection Area Compliance Issue Flow Measurement The effluent flow meter should be repaired/replaced as quickly as Effluent possible. Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this Office within thirty (30)working days of receipt of this letter. You should address what actions will be taken or have been taken to remedy the violations. If you should have any questions, please do not hesitate to contact Keith Haynes or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: ARO w/attachment NPDES Unit, w/attachment One WQ Central Files w/attachment NNatur�rortt� rall�ly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.orq FAX (828)299-7043 1- 877/623-6748 G:\WPDATA\DEMWQ\Transylvania\Formerly Ecusta 00078\nov-2008-PC-0157.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 2 s 3 NC0000078 11 12 08/02/20 17 18 I CI I 19 S 20 it II i I I I II Remarks 6 21i111111111111111111111111111111111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved--------------------- 671 1 69 701 1 711 1 721 NJ 73 LLJ 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00 PM 08/02/20 07/09/01 Former Ecusta Mill Exit Time/Date Permit Expiration Date One Ecusta Rd 02:00 PM 08/02/20 12/08/31 Brevard NC 28712 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Bernard Matthew Kelly//828-884-5544 ext 231/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Bernard Matthew KellyrPO Box 1119 Pisgah Forest NC Yes 287681119//828-884-5544/ Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) .(See attachment summary) Name(s)and Signature(s flnspector(s), Agency/Office/Phone and Fax Numbers pate Chuck Cranford 00", ARO WQ/// Keith Haynes ARO WQ//828-296-4500/ � '3•b8 Fign'ature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date C Edwards �' ARO WQ//828-296-4500/ 3 7 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3 11 12 17 18 NC0000078 I I 08/02/20 I ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please note the comments under the flow recording section and the effluent sampling section of the inspection report. It is requested that a written response to the concerns be submitted to this Office. Page# 2 Permit: NC0000078 Owner-Facility: Former Ecusta Mill Inspection Date: 02/20/2008 Inspection Type: Compliance Evaluation Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application. ■ nnn Is the facility as described in the permit? ■ Q Q #Are there any special conditions for the permit? ■ nnn ■ Is access to the plant site restricted to the general public? nnn Is the inspector granted access to all areas for inspection? ■ nnn Comment: Yes No NA NE Flow Measurement-Effluent ■ nnn #Is flow meter used for reporting? n ■ Cin Is flow meter calibrated annually? Is the flow meter operational? n ■ n (If units are separated)Does the chart recorder match the flow meter? ❑ 0 ■ n Comment: The effluent flow meter should be repaired/replaced as quickly as possible. Yes No NA NE Effluent Sampling -� nn Is composite sampling flow proportional? El is sample collected below all treatment units? ® n 00 ❑ ■ ❑ ❑ Is proper volume collected? n ■ nn Is the tubing clean? Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? n ■ n n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ❑ ■ ❑ n Comment: The current permit requires composite sampling which is not being done. However, with the current flows at the facility, the pond has a holding time of a minimum of 90 days,thus making compositing a moot point other than it is.required by the permit. It is recommended that the permittee request that monitoring requirement be changed to grab sample, otherwise a new sampler will need to be purchased and installed in order to properly comply with the NPDES permit sampling requirements. Page# 3 �, `'tip `� ; Michael F. Easley, Governor �y0 S'Q William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources � '- Coleen H.Sullins , Director > Division of Water Quality - Asheville March 10, 2008 Mr. Stephen Lamar Nix, Town Engineer Town of Highlands Post Office Box 460 Highlands, North Carolina 28741 Subject: Permit No. WQ0032817 Town of Highlands Chamber Properties Wastewater Collection System Extension Macon County ; Dear Mr. Nix: In accordance with your application received on February 20, 2008, we are forwarding herewith Permit No. WQ0032817, dated March 10, 2008, to the Town of Highlands for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the - date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send a copy of your contractor's "Notice to Proceed" to Roy Davis when you begin construction of this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 NorthCarolliina DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Highlands March 10, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Highlands for the construction and operation of approximately 590 linear feet of 8-inch diameter gravity sewer to serve the Chamber Properties, a residential community, and the discharge of 1,080 gallons per day of collected domestic wastewater into the Town of Highland's existing sewerage system, pursuant to the application received on February 20, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Highlands Wastewater Treatment Facility (Permit No. NC0021407) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0021407) Manfred F. Judernatz, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF HIGHLANDS CHAMBER PROPERTIES MACON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032817 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. F-� 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403` a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards, in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by - North Carolina General Statute §143-215.1 C. 1 Permit No.W 0032817 Town of Highland, Chamber Properties. Macon County, March 10 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ermit No W00032817 Town of Highland Chamber Properties Macon County March 10 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 10th day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for lcdleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032817 3 Permit No. W 0032817 Town of Highland. Chamber Properties, Macon County, March 10 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 590 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the shave referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........................:.............................................................. SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ........ .._._................................_...... ......................................... The Permittee.. is resp. . .onsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be \ considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Asheville Regional Office Division of Water Quality Surface Water Protection March 10, 2008 MEMORANDUM' TO: Jerry Rimmer, Supervisor Technical Assistance & Certification FROM: R.�r Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection SUBJECT: Staff Certification exams I have attached the certification exam answer sheets for Don Price and Chuck Cranford. Don took the Grade IV collection system exam and Chuck the Biological Operator, Grade I exam. I want to thank you for allowing me to proctor the exams for ARO-SWP staff meeting examination requirements. `'�_ .. /�� `. l-,� \`��' Michael F. Easley, Governor BOA Q William G. Ross Jr.,Secretary Q 6, North Carolina Department of Environment and Natural Resources rr Coleen H.Sullins, Director © "r Division of Water Quality Asheville March 11, 2008 Mr. Doyle Freeman, Utilities Director Cane Creek Water& Sewer District of Henderson County 235 St. John Road- Unit F Fletcher, North Carolina 28732 Subject: Permit No. WQ0032820 Cane Creek Water & Sewer District of Henderson County (CCWSDHC) Hollabrook Farm-Phase it Wastewater Collection System Extension Henderson County Dear Mr. Freeman: In accordance with your application received on March 6, 2008 we are forwarding herewith Permit No. WQ0032820, dated March 11, 2008, to the CCWSDHC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 NoAhCarOhna DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper ............ .... .... . CCWSDHC March 11, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the CCWSDHC for the construction and operation of approximately 9,566 linear feet of fl- inch diameter gravity sewer to serve Hollabrook Farm, Phase li, a residential development, and the discharge of 33,840 gallons per day of collected domestic wastewater into the CCWSDHC's existing sewerage system, pursuant to the application received on March 6, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District of Buncombe County's (MSD) Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and mil binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4659. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (NC0024911) William G. Lapsley, PE Stan Boyd, MSD PERCS Files Surface Water Protection Section Central Files u; NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CANE CREEK WATER& SEWER DISTRICT OF HENDERSON COUNTY HOLLABROOK FARM, PHASE II HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032820 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No WQ0032820 CCWSDHC: Hollabrook Farm Phase 11, Henderson County, March 11. 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional"_/ Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 -ermit No WQ0032820 CCWSDHC: Hollabrook Farm Phase 11: Henderson County March 11. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 111h day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION `J r Q fo C "seen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032820 3 Permit No WQ0032820 CCWSDHC7 Hollabrook Farm Phase 11: Henderson County, March 11 2008 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: Approximately 0,566 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final l as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor �C WAFT William G. Ross Jr., Secretary oR 0G North Carolina Department of Environment and Natural Resources P Coleen H.Sullins , Director >_ � - Division of Water Quality © : � � Asheville March 11, 2008 Mr. Richard Betz, Town Manager Town of Highlands North Fourth Street Highlands, North Carolina 28741 Subject: Permit No. WQ0032818 Town of Highlands Chestnut Street Sewer Improvements Wastewater Collection System Extension Macon County Dear Mr. Betz: In accordance with your application received on February 21, 2008, we are forwarding herewith Permit No. WQ0032818, dated March 11, 2008, to the Town of Highlands for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send a copy of your contractor's "Notice to Proceed" to Roy Davis when you begin construction of this collection system extension. Please pay particular attention to Permit onditi in accordance with requires 15A NCAC 2T .0403 or any ater collection facilities be properly operated and maintained individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted`February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 NOrthCaroli a DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Highlands March 11, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Highlands for the construction and operation of approximately 270 linear feet of 8-inch diameter gravity sewer to serve the Chestnut Street area, and the discharge of 480 gallons per day of collected domestic wastewater into the Town of Highland's existing sewerage system, pursuant to the application received on February 21, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Highlands Wastewater Treatment Facility (Permit No. NC0021407) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, fF� for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0021407) William A. Stillwell, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF HIGHLANDS CHESTNUT STREET SANITARY SEWER IMPROVEMENTS MACON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032818 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records.shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A'NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No WQ0032818 Town of Highland Chestnut Street Sewer Improvements Macon County, March 11. 200(,. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 mit No W00032818 Town of Highland Chestnut Street Sewer lmnrovements. Macon County March 11. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) - 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 11 th day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Col' en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032818 3 Permit No WQ0032818 Town of Highland Chestnut Street Sewer Improvements Macon County, March 'r. ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 270 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan &.profile views of sewer lines) of the wastewater collection system extension supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........................................................................ SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ...................................................................................................... : The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow,,- made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. VVAT - Michael F.Easley,Governor �© '9 William G.Ross Jr.,Secretary `�} G North Carolina Department of Environment and Natural Resources r� Coleen H.Sullins,Director © Division of Water Quality March 11, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8709 Windsor Aughtry,LLC F.A. (Drew) Norwood P.O.Box 16449 Station B Greenville,N.C. 29606 CERTIFIED MAIL, RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8716 Waightstill Mountain, LLC Keith Vinson 32 Orange Street Asheville,NC 28801 Subject: NOTICE OF CONTINUING VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0161 StoneCrest Development Windsor Aughtry, LLC and Waightstill Mountain,LLC NCGO10000 Permit Violations Stream Standards Violations Buncombe County Dear Sirs: As a result of an inspection at StoneCrest/Waightstill Mountain Development,performed on March 16, 2007 by Linda Wiggs from the Division of Water Quality Asheville Regional Office, a Notice of Violation and Recommendation for Enforcement(NOV) was issued on April 9, 2007. Ms.Wiggs met onsite with site representatives and local officials April 20, 2007 to follow up on the NOV and assist those present on gaining compliance with the Construction Stormwater Permit NCG010000. Improvements to the site on April 20, 2007 were noted in an inspection letter dated May 1, 2007 emphasizing the importance of continued daily attention to erosion control measure to assure future compliance. one f NorthCarolina Naturally_ North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\StoneCrestNCR000295\stonecrest2NOV-2008-pc-0161.doc Page 2 of 4 StoneCrest/Waightstill Mtn Buncombe County On October 5, 2007, Linda Wiggs performed another site inspection at StoneCrest/Waightstill Mountain documenting basins full to top of riser barrel and no inlet protection visible. These outlets drain directly to an Unnamed Tributary to the French Broad River. Also documented on October 5, 2007 were in stream sediment impacts to this tributary. Local Erosion Control Official,Mike Brookshire was notified of these findings, and stated he would perform an inspection and contact the consultant, Mike Anderson. On February 5, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted another site inspection for the project known as StoneCrest/Waightstill Mountain development located on Ledbetter Road,Buncombe County,North Carolina. Onsite representative present during the inspection were David Ducker with Windsor Aughtry Company and Dale White with Consolidated Properties. During the inspection, erosion control measures that were not operated or maintained to optimum efficiency were documented, along with visual observations of sedimentation impacts to an unnamed tributary to French Broad River. The Local Erosion Control Office was notified again and their follow up inspection on February 12, 2008 concurred with DWQ's findings. To date DWQ has not been notified by permitee of Stone Crest/Waightstill Mountain non-compliance status. The following DWQ violations were noted during the February 5, 2008. As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) NCG010000 Permit Violation -Part I Section C. No.2 and Part II Section C. No.1 (2) NCG010000 Permit Violation -Part Il. Section E. No.3 (3) Stream Standard Violation (In-stream sediment) - 15A NCAC 02B .0211 (3)f Item 1. Schedule of Compliance and Operation and Maintenance (Part I Section C No.2 and Part II Section C.No.1) Erosion control measures were not operated and maintained at all times to optimum efficiency representing a NCGO10000 Permit Violation of Part I Section C.No.2- During construction and until the completion of a construction or development and the establishment of a permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the storm water controls at optimum efficiency. Part II Section C.No.1-The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. 3 of 4 ,coneCrest/Waightstill Mtn Buncombe County Item 2.Twenty-four,Hour Reporting (Part II. Section E.No.3) Non-compliance was not reported by permittee representing a NCGO10000 Permit violation of Part II.Section E.No.3-The permittee shall report to the central office or the appropriate regional office any noncompliance, which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. Item 3. Other Waste (In stream sediment) 15A NCAC 02B .0211 (3)f The Unnamed Tributary to the French Broad River is impacted by-1-4 inches of sediment deposition along a-1,000 linear feet of stream, representing Water Quality Standard violation of 15A NCAC 02B .0211 (3)f-Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to the attention of Linda Wiggs, Division of Water Quality,.2090 US HWY 70, Swannanoa NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: 1. Please detail the events that resulted in non-compliance with the above-mentioned NCG010000 permit conditions, and explain when you anticipate being in full compliance with the Permit and your Erosion and Sediment Control Plan. 2. You should include in your response a sediment removal restoration plan for the impacted stream. Specifically, you must remove the accumulated sediment from the Unnamed Tributary to French Broad River. Additionally, you must take all measures to prevent the release of turbid water from your site in the future. Please provide a sediment removal plan for review and approval by the Division of Water Quality. This plan should include the methodology, and a proposed schedule with dates that indicate when you expect to complete the removal of the sediment. Please also include a diagram of the stream channel referenced with photo documentation of the sediment impacts. (It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during sediment removal restoration plan development.) Page 4 of 4 StoneCrest/Waightstill Mtn Buncombe County Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Thank you for your attention to this matter. This Office will be sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs at or myself at (828) 296-4500. Sincerely, o+Rogr C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Buncombe County Erosion Control WA7 Michael F.Easley,Governor O�0) William G.Ross Jr.,Secretary e G North Carolina Department of Environment and Natural Resources r� � Coleen H.Sullins,Director Division of Water Quality 4 March 11,2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8693 John Cecil Biltmore Farms, LLC One Town Square Boulevard Suite 330 Asheville,NC 28803 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0167 Biltmore Farms, LLC NCGO10000 Permit Violations Stream Standard Violations Buncombe County Dear Sir: On February 27, 2008,Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a Construction Stormwater Permit NCGO10000 compliance inspection for Biltmore Park Development along Long Shoals Road in Buncombe County. Representatives' onsite during the inspection were Woody Ledford and John Fry with the City of Asheville, and Nelson Hathcock with Young and McQueen. Permit and stream standards violations were noted during the inspection. Stormwater runoff discharges had not been inspected to document failing measures and/or sediment loss from the site. Sediment impacts to an Unnamed Tributary of the French Broad River were noted. Required twenty-four hour notification of non-compliance to DWQ has not been performed. Because the unnamed tributary has been impacted it is recommended that the erosion control measures upstream, particularly the basin,be reevaluated for effectiveness, otherwise impacts to the stream could continue. As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Minimum Monitoring and Reporting Requirements(Part L Section B. No. 2-3) (2) Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f (3) Twenty-four Hour Reporting (Part 11. Section E. No.3) L1°o>rthcaroiina INatarrally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 287F788XP one(8 99-70428) - 500 Customer Service 8 Internet: www..ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\BiltmoreParkNCR000762\NOV-2008-pc-0167BiltmorePark.doc Page 2 of 3 Biltmore Farms,LLC Buncombe County Item 1.Minimum Monitoriniz and Reporting Requirements The lack of stromwater discharge observations represents violations of NCGO10000 Permit Part I. Section B.No.2.- Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined at the frequency in Part I. Section B. No. 1 to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Part I.Section B.No.3.- The operator shall keep a record of inspections. Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Item 2. Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f Approximately 1,000 feet of an Unnamed Tributary of the French Broad River was impacted by sediment deposition, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)f-Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; Item 3. Twenty-four Hour Reporting (Part II. Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO1000 Permit Part II.Section E.No.3- The permittee shall report to the central office or the appropriate regional office any noncompliance, which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected,the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swanannoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: _, ,tee 3 of 3 diltmore Farms,LLC Buncombe County a. You should include in your response a sediment removal restoration plan for the impacted stream. Specifically, you must remove the accumulated sediment from the Unnamed Tributary to French Broad River. Additionally, you must take all measures to prevent the release of turbid water from your site in the future. Please provide a sediment removal plan for review and approval by the Division of Water Quality. This plan should include the methodology, and a proposed schedule with dates that indicate when you expect to complete the removal of the sediment. Please also include a diagram of the stream channel referenced with photo documentation of the sediment impacts. (It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during sediment removal restoration plan development.) b. Your written response you should detail the events that resulted in your non-compliance with the above-mentioned NPDES NCG010000 permit conditions. And explain in your response when you anticipate being in full compliance with the Construction Stormwater Permit. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, _ Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files City of Asheville Erosion Control-Cathy Ball Biltmore Farms Attn: Steve Hedden f Tom Williamson One Town Square Boulevard Suite 330 Asheville, NC 28803 OFF A Michael F. Easley, Governor �a p William G. Ross Jr., Secretary .O North Carolina Department of Environment and Natural Resources Al >_ Coleen H.Sullins, Director Division of Water Quality Asheville Regional Office March 12, 2008 Mr. Bernie Koesters Liberty Corner Enterprises, Inc. 147 Coxe Avenue Asheville, North Carolina 28801 Subject: Permit No. WQ0032819 Liberty Corner Enterprises, Inc. Windemere Apartments Wastewater Collection System Extension Buncombe County - Dear Mr. Koesters: In accordance with your application received on February 21, 2008, we are forwarding herewith Permit No. WQ0032819, dated March 12, 2008, to Liberty Corner Enterprises, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One NorthCarollina DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Liberty Corner Enterprises, Inc. March 12, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby - granted to Liberty Corner Enterprises, Inc. for the construction and operation of approximately'102 linear feet of 6-inch diameter gravity sewer and the discharge of 1,300 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to the application received on February 21, 2008 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the MSD's Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. '! If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) Mike Anderson, PE Stan Boyd, MSD Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LIBERTY CORNER ENTERPRISES, INC. WINDEMERE APARTMENTS BUNCOMBE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032319 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No WQ0032819 Liberty Corner Enterprises Inc Windemere Apartments Buncombe Co March 12 200ts 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-21-5.6C. 9. In the event'that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 -rmit No WQ0032819 Liberty Corner Enterprises Inc Windemere Apartments, Buncombe Co., March 12 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 12th day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 4 Lf folACo en H. Sullins, Director i Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032819 3 Permit No. W00032819, Liberty Corner Enterprises, Inc..Windemere Apartments, Buncombe Co.. March 12, 2000. ENGINEERING CERTIFICATION — POST CONSTRUCTION i� System Description: 102 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced i project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ...................................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 :..................................................................................... ............... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley, Governor William G. Ross Jr., Secretary `O North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director p . Division of Water Quality y Asheville March 12, 2008 Mr. Frank Todd, Jr., President Etowah Sewer Company Post Office Box 1659 Etowah, North Carolina 28729 Subject: Permit No. WQ0032816 Etowah Sewer Company Brooke Farms Sewer Wastewater Collection.System Extension Henderson County Dear Mr. Todd: In accordance with your application received on February 20, 2008 we are forwarding,herewith Permit No. WQ0032816, dated March 12, 2008, to the Etowah Sewer Company for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. it shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 NoT'thCaTOet/lna DENR Customer Service Center Telephone 1 800 623-7748 Natimally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Etowah Sewer Company March 12, 2008 Page In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Etowah Sewer Company for the construction and operation of approximately 670 linear feet of 8-inch gravity sewer to serve Brooke Farms, a residential village, as part of the Etowah project, and the discharge of 1,800 gallons per day of collected domestic wastewater into the Etowah Sewer Company's existing sewerage system, pursuant to the application received on February 20, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department.of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Etowah Sewer Company's Wastewater Treatment Facility (Permit No. NC0071323) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. 1f you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Co een H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0071323) David W. Odom, PE PERCS Files Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Henderson\Etowah Collection System\WQ0031816- Etowah, Brooke Farms.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ETOWAH SEWER COMPANY BROOKE FARMS SEWER WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0032816 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A.NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No. W00032816, Etowah Sewer Company, Brooke Farms. Henderson County. March 12, 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification.. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit N00010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 Emit No WQ0032816 Etowah Sewer Company, Brooke Farms Henderson County March 12. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 12"' day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION forlCo1 en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032816 3 Permit No WQ0032816 Etowah Sewer Company. Brooke Farms Henderson County, March 12, 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 670 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable-, and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........................................................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ............................................................................ .........................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F.Easley,Governor William G.Ross Jr.,Secretary Q North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director � Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8730 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, North Carolina 28715 Subject: Withdrawal of LV-2007-0419 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: On October 22, 2007 a Civil Penalty in the amount of $232.20 was assessed against Days Inn of Candler, Inc. for NPDES Permit limit violations which occured in April of 2007. For administrative reasons, this Civil Penalty is being withdrawn. The Division of Water Quality may pursue enforcement action for any additional violations of State law or regulation. Should you need to discuss this matter in greater detail, please do not hesitate to call Roy Davis at (828)296-4500. Sincerely, !j A Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: WQ-SWP Asheville Files WQ-SWP Central Files Bob Guerra/ SWP Enforcement Files James & James Environmental/ ORC Chris Dickinson/ Manager Days Inn West GAWPDATA\DEMWQ\Buncombe\25933 Days Inn West\NOV-2008-LV-0112.25933.doc Ile NorthCarolina Naturall, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwatergualitK,9M FAX (828)299-7043 1-877-623-6748 \� \ v __.._.._ QA� Michael F.Easley,Governor 0� Q William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources _ ~I Coleen H.Sullins,Director (� Division of Water Quality March 12, 2008 CERTIFIED MAIL # RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8747 Dwayne and Nellie Trumble 7305 Trumble Woods Connelly Springs,NC 28612 Subject: NOTICE OF VIOLATION NOV-2008-SS-0012 Dwayne and Nellie Trumble Stream Standards Violations Burke County Dear Mr. And Mrs. Trumble: This Notice of Violation has been initiated in response to a site visit conducted on March 5, 2008 by Chuck Cranford regarding land disturbance activities at 7305 Trumble Woods which caused sediment to be discharged to surface waters. During the visit, Mr. Cranford spoke with Mr. Tony Martin and Mr. Seth Trumble. The site inspection revealed a disturbed area of land consisting of approximately two acres, which had been developed into a motocross track. Stormwater runoff from the track area had entered Rock Creek—classified as Water Supply III surface waters (WS- III)—and another unnamed tributary of Rock Creek, also WS-III, depositing significant sediment in the stream channels. Along the southern boundary of the track, sediment was deposited along a down-slope ditch from approximately two to ten inches in depth and entered Rock Creek where sediment was measured to be approximately two to three inches deep. Downstream sediment was noted in Rock Creek for approximately 400 feet. Along the eastern boundary of the track, sediment was deposited downslope from approximately one to two inches in depth and entered an unnamed tributary of Rock Creek where sediment was measured to be approximately one to two inches deep. Downstream sediment was noted in Rock Creek for approximately 50 feet. As a result of the site inspection,the following violation was noted: Other Waste (In-stream sediment) - Sediment has been released into Rock Creek and an unnamed tributary to Rock Creek. There are accumulations of approximately one to three inches over a length of approximately 450 feet of stream. one NorthCaro Naturw North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 of 2 Dwayne and Nellie Trumble Burke County This impact represents a violation of 15A NCAC 2B .0211 (3) f,which states: Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. Requested Response This Office requests that you respond to this letter in writing within.15 days of receipt of this Notice. Your response should be sent to both.this office at the letterhead address and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,'Raleigh,NC 27699-1617. Your response should address the following items: 1. Plans to eliminate sediment discharge from the motocross track area and prevent further sediment deposition to Rock Creek and the unnamed tributary of Rock Creek. 2. A schedule of compliance as to when the above actions will be implemented. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violation, as detailed above, be abated immediately. The violation and any future violation are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford or myself at(828) 296- 4500. Sincerely, Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Division of Land Resources—ARO ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Burke\Complaints\Trumble Woods\NOV-2008-SS-0012.doc 3/12/2008 r Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director 1 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 13, 2008 Ms. Linda K. Story, Town Manager Town of Granite Falls Post Office Drawer 10 Granite Falls, North Carolina 28630-0010 Subject: Town of Granite Falls Compliance Evaluation Inspection Permit No. WQCS00145 Wastewater Collection System Caldwell County Dear Ms. Story: Attached is the report resulting from the Town of Granite Falls' Collection System Permit Compliance Evaluation Inspection which l conducted on March 11, 2008. Staff assigned responsibility for taking care of Granite Falls' wastewater collection system are doing a fine job. - The Town's Spill Response Action Plan needs to be modified to include a list of contractors who might be called upon in event of a collection system emergency and a discussion of post spill assessment. Such an assessment might include TV inspection of the entire line or further cleaning. The'collection system map needs to be modified to show the pumping capacity of each pump station. Please convey my appreciation to staff members involved in the maintenance and operation of the Town of Granite Falls wastewater collection system. Anytime you need to discuss matters relating to the collection system, please do not hesitate to call me at 828-296-4659. Sincerely, Roy M. Davis Environmental Engineer cc: Bill Hamilton, DPW PERCS Files Surface Water Protection Central Files G:\WPDATA\DEMWQ\Caldwell\Granite Falls Collection System\Granit Falls Inspection Cover Letter.08.doc 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina �_. �� i ���, r� ,� Compliance Inspection Report Permit: WQCS00145 Effective: 03/17/04 Expiration: 02/28/09 Owner: Town of Granite Falls SOC: Effective: Expiration: Facility: Granite Falls Collection System County: Caldwell 30 Park Sq Region: Asheville PO Drawer 10 Granite Falls NC 28630 Contact Person: M Shuford Wise Title: Director Phone: 828-396-7111 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO021890 Town of Granite Falls-Granite Falls WWTP Inspection Date: 03/11/2008 Entry Time: 09:00 AM Exit Time: 12:00 PM Primary Inspector: Roy M Davis Phone: 828-296-4500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Other Inspection Type: Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records Monitoring&Rpting Inspections Pump Station Manhole Reqmts ®Lines (See attachment summary) Page: 1 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date: 03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other Inspection Summary: Staff with the Town of Granite Falls is doing a fine job of taking care of the wastewater collection system. Prior to time of the next inspection the Town should: (1)add to the Spill Response Action Plan a list of contractors and their phone numbers which the Town would call upon in event of a sewer emergency and a discussion of post spill activities such as cleaning of the complete line or TV inspection of the complete line. (2)the system map should show pump station capacities. Page: 2 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date: 03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Newsletter with water and sewer bill. Is Sewer Use Ordinance/Legal Authority available? (_l n In Does it appear that the Sewer Use Ordinance is enforced? ■ n n n Is Grease Trap Ordinance available? ■ ❑ n n Is Septic Tank Ordinance available(as applicable, i.e.annexation) ❑ n n ■ List enforcement actions by permittee,if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n n ❑ Does CIP address short term needs and long term\"master plan\"concepts? ■ n ❑ n Does CIP cover three to five year period? wo n In Does CIP include Goal Statement? ❑ ❑ n Does CIP include description of project area? n ❑ ❑ \ Does CIP include description of existing facilities? ■ ❑ ❑ n l Does CIP include known deficiencies? ■ n n n Does CIP include forecasted future needs? ■ [1 Is CIP designated only for wastewater collection and treatment? ■ n ❑ ❑ Approximate capital improvement budget for collection system? $135,000.00 Total annual revenue for wastewater collection and treatment? $432,212.00 CIP Comments Is system free of known points of bypass? ■ fl If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ o ❑ In #Does the sign include: Instructions for notification? ■ ❑ In n Pump station identifier? ■ ❑ n n 24-hour contact numbers ■ 0 n ❑ If no, list deficient pump stations None Page: 3 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date:03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other #Do ALL pump stations have an"auto polling"feature/SCADA? Q ■ ❑ n Number of pump stations 19 Number of pump stations that have SCADA 17 Number of pump stations that have simple telemetry 2 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ ❑ ❑ n #If yes,date implemented? Describe: Rootx Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n ❑ Are records available that document pump station inspections? ■ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n Are records available that document citizen complaints? ■ #Do you have a system to conduct an annual observation of entire system? ■ n n #Has there been an observation of remote areas in the last year? ■ Are records available that document inspections of high-priority lines? ■ ❑ n Has there been visual inspections of high-priority lines in last six months? ■ Comment: Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ n ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? ■ What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ n ❑ n Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Generators-weekly Page: 4 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date: 03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ n Inspecting and exercising all valves? ■ n n n Inspecting and lubricating pumps and other equipment? n n n Inspecting alarms,telemetry and auxiliary equipment? ■ n n rl Is there at least one spare pump for each pump station w/o pump reliability? n n ■ n Are maintenance records for right-of-ways available? n n n Are right-of-ways currently accessible in the event of an emergency? n n ❑ Are system cleaning records available? ■ ❑ n n Has at least 10%of system been cleaned annually? ■ What areas are scheduled for cleaning in the next 12 months? Colonial Is a Spill Response Action Plan available? n ❑ n Does the plan include: 24-hour contact numbers ■ n n n Response time ■ Equipment list and spare parts inventory ■ n ❑ n Access to cleaning equipment ■ ❑ n n Access to construction crews, contractors,and/or engineers n ■ n n Source of emergency funds n n n ■ Site sanitation and cleanup materials ■ Post-overflow/spill assessment n ■ n n Is a Spill Response Action Plan available for all personnel? ■ ❑ n n Is the spare parts inventory adequate? ■ ❑ ❑ n Comment: Records Yes No NA NE Are adequate records of all SSOs, spills and complaints available? ■ n n n Are records of SSOs that are under the reportable threshold available? ■ n n n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ n If yes, is there a corrective action plan? ❑ ❑ ■ ❑ i Is a map of the system available? ■ n n n Page: 5 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date:03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other Does the map include: Pipe sizes ■ n ❑ ❑ Pipe materials ■ ❑ n ❑ Pipe location n n n Flow direction ■ n n n Approximate pipe age ■ n n n Number of service taps ■ n n n Pump stations and capacity n ■ n n If no,what percent is complete? 99 List any modifications and extensions that need to be added to the map Pump station's capacities. #Does the permittee have a copy of their permit? ■ Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n n ® n Are public notices and proof of publication available? ❑ n ■ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ n ❑ #Is permittee compliant with all compliance schedules in the permits? ■ n M n If no,which one(s)? NA Comment: DEERFIELD - Deerfield Acres Road Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ ❑ 171 Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ ❑ ❑ n Are all pumps operable? ■ ❑ n ❑ Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ n Page: 6 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date: 03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? ❑ n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? o n In Is simple telemetry operational? ■ n n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ■ n n n Are backflow devices operable? ■ n n n Are air relief valves in place? n n n ■ Are air relief valves operable? n n n ■ # Is an emergency generator available? n ■ n In Can the emergency generator run the pumps? ❑ n ■ n Is the pump station equipped for quick hook-up? n n n ■ Is the generator operable? n ❑ ■ ❑ #Is fuel in tank and sufficient? n n ■ n Is the generator inspected according to their schedule? n n ■ n Is a 24-hour notification sign posted? ■ ❑ ❑ n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ n n n Emergency phone number ■ ❑ n n Is public access limited? ■ n n n Is pump station free of overflow piping? ■ n n n Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? NE Comment: Good station. HIGHLAND #3 -West Highland Avenue Pump Station Yes No NA NE Page: 7 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date: 03/11/2008 Inspection Type: Compliance Evaluation Reason for Visit:Other Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ® n n n Is"auto polling"feature/SCADA present? ■ n In n Is"auto polling"feature/SCADA operational? ■ n n n Is simple telemetry present? n n ■ n Is simple telemetry operational? n n ■ n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ® n n n Are backflow devices operable?' ■ n n n Are air-relief valves in place? n n n ■ Are air relief valves operable? n n n # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n ❑ Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? ■ n n n #Is fuel in tank and sufficient? ■ n n n Is the generator inspected according to their schedule? ■ n In n Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ ❑ n n Page: 8 Permit:WQCS00145 Owner-Facility: Town of Granite Falls Inspection Date: 03/11/2008 Inspection Type:Compliance Evaluation Reason for Visit:Other Emergency phone number ■ n ❑ n Is public access limited? ■ n n n Is pump station free of overflow piping? ■ n n n Is the pump station free of signs of overflow? n n Cl Are run times comparable for multiple pumps? NE Comment: Good station. Page: 9 i _._ A Tf Michael F.Easley,Governor William G.Ross Jr.,Secretary PNorth Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director O Division of Water Quality March 13, 2008 CERTIFIED MAIL RETURN RECEPIT REQUESTED — 7006 3450 0002 7064 8754 Mr. Gregory Lee Galloway Post Office Box 217 Balsam Grove, North Carolina 28708-0217 Subject: Notice of Violation - Notice of Recommendation for Enforcement NOV-2008-SS-0013 Unnamed Tributary to Shoal Creek Transylvania County, North Carolina Dear Mr. Galloway: i On February 13, 2008, representatives of the North Carolina Division of Water Quality documented violations of State Law and Regulation at property off Shoal Creek Road. The Registry of Transylvania County previously revealed Mr. James Tritt to have been the property owner; the property transfer resulted in delay in providing this notice to the current owner. The Asheville Regional Office of the Division of Water Quality is g Y considering sending an enforcement recommendation to the Director of the Division of Water Quality. The condition resulting in consideration of enforcement is deposition of sediment in depths of 2-9 inches throughout a length of approximately 350 feet of an unnamed tributary to Shoal Creek (class C, trout waters). The Administrative Code of North Carolina [Title 15A NCAC .02B.0211 (2)] prohibits wastes in amounts that would impair waters for designated uses. Sediment in the amount observed on February 13, 2008 impaired the unnamed tributary to Shoal Creek. Sediment existed in the stream as a result of excavation and land disturbing activity on a parcel of land owned by the addressee. In addition to the above-cited violation of the Administrative Code, the excessive sediment in the stream evidenced violation of State Law found at Section 143-215.1 of the General Statutes of North Carolina. The cited law prohibits any discharge of waste without a permit; existence of the above-described sediment demonstrated an un-permitted discharge. The General Statutes of North Carolina provide enforcement procedures for Northcarolina - Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:IWPDATAIDEMWQ1TransylvanialMiscellaneous-ComplaintslGalloway-Tritt NOV-Notice of Intent.doc Mr. Gregory Lee Galloway March 13, 2008 Page 2 each day on which any violation exists. Timely remedy of the violations is therefore recommended. If there is an explanation to present for the above-described conditions, please respond in writing (to the address near the bottom of the letterhead page) within ten (10) days following receipt of this letter. The explanation will be reviewed and if enforcement action is deemed appropriate, the explanation will be forwarded to the Director along with the enforcement package. For any questions concerning this matter, please contact Mr. James Reid at telephone number 828-296-4500 Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Xc: Non-Point Source Compliance Enforcement Unit NC Division of Land Resources . ......_.._........... . . . J� \NA Michael F.Easley,Governor 0 William G.Ross Jr.,Secretary ft� r North Carolina Department of Environment and Natural Resources Colleen H.Sullins,Director Division of Water Quality Surface Water Protection Section March 14, 2008 Ms. Nancy Hollifield 160 Crest View Drive Forest City, North Carolina 28043-4400 Subject: Complaint Investigation Incident, 200800703 160 Crest View Drive Rutherford County, NC Dear Ms. Hollifield: This letter is in follow up to the telephone conversation of March 12, 2008, during which the primary issue of concern was defined to moisture in the crawl space of the residence at 160 Crest View Drive. A structural moisture issue is well outside this agency's jurisdiction. However, observations made by Division of Water Quality Staff (on March 5, 2008) revealed that a substantial portion of the lot slopes toward the foundation of the house. Having the property sloped in the described manner would result in moisture flowing toward and into the foundation. The Division of Water Quality's recommendation would be to seek the advise of a qualified person concerning slope, drainage and discharge from downspouts and gutters. Your cooperation is appreciated. If conditions within the Division's area of responsibility develop, the agency's staff would be pleased to respond. If there are questions, please contact the writer at telephone number 828-296-4500 or at the address near the bottom of the page. Sincerely, Paimes R. Reid dnvironmental Engineer Xc: Pat Kelly, DENR Customer Service Don Price No Karotina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer=50%Recycled/10%Post Consumer Paper �\ I _...... Michael F. Easley, Governor William G. Ross Jr.;Secretary 4 0j" Gp North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director O _ Division of Water Quality Asheville March 14, 2008 Mr. J. Robert Boyette, City Manager City of Marion Post Office Drawer 700 Marion, North Carolina 28752 Subject: Permit No. W00032836 City of Marion Hospital Pump Station and Force Main Wastewater Collection System Extension McDowell County Dear Mr. Boyette: In accordance with your application received on March 10, 2008 we are forwarding herewith Permit No. WQ0032836, dated March 14, 2008, to the City of Marion for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractors "notice to proceed' for this project. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One NorthCarofina 1 DENR Customer Service Center Telephone 1 800 623-7748 ' atut ally An Equal Opportunity Action Employer 50%p recycled/10%post-consumer paper City of Marion March 14, 2008 __ _ Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Marion for the construction and operation of approximately 25 linear feet of 8-inch diameter gravity sewer, a 330 gpm duplex style sewage pumping stations, with audible and visual high water alarms, permanently installed emergency power generator with Automatic Transfer Switch and telemetry, and 1,130 linear feet of 8-inch diameter force main to replace the present hospital pump station and force main and the discharge of no additional wastewater into the City of Marion's existing sewerage system, pursuant to the application received on March 10, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Marion's Corpening Creek Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Randall D. Hintz, PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF MARION HOSPITAL PUMP STATION AND FORCE MAIN MCDOWELL COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032836 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; 'and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. 1f an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No WQ0032836 City of Marion Hospital Pump Stations & Force Mains McDowell County,March 14 2M, 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. - 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's.Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 r it No WQ0032836 City of Marion Hospital Pump Stations& Force Mains McDowell County, March 14. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 14th day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for CoJ en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032836 3 Permit No WQ0032836 City of Marion Hospital Pump Stations & Force Mains, McDowell County, March 14, 20, ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 25 linear feet of 8-inch diameter gravity sewer, a 330 gpm duplex style sewage pumping stations, with audible and visual high water alarms, permanently installed emergency power generator with Automatic Transfer Switch and telemetry, and 1,130 linear feet of 8- inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump .stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ............ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................... ........: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. aAT Michael F.Easley,Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director -1 Division of Water Quality (COD) Asheville Regional Office SURFACE WATER PROTECTION SECTION March 17, 2008 Mr. Shuford Wise Town of Granite Falls Post Office Drawer 10 Granite Falls, North Carolina 28630 SUBJECT: Compliance Evaluation Inspection Town of Granite Falls WWTP Permit Number NCO021890 Caldwell County Dear Mr. Wise: Attached you will find the report resulting from my March 14, 2008 inspection of the wastewater treatment plant serving the Town of Granite Falls. I found the plant to be well operated and maintained. Please convey my appreciation to everyone involved in taking care of the plant. Please refer to the enclosed inspection report for additional observations and comments. I appreciate your time on the 14th. Should you need to discuss any matter relating to this inspection or the State's water pollution control program, please do not hesitate to call me at (828)296-4659. Sincerely, Cam, Roy M. Davis Environmental Engineer Enclosure cc: Surface Water Protection Section Central Files Asheville Regional Office facility files PERCS Unit o�c North Carolina �GZtlfCa��l� G:\WPDATA\DEMWQ\Caldwell\21890 Granite Falls WWTP\21890 CEI Cover Letter.08.doc 2090 US Hwy 70, Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO021890 111 121 08/03/14 117 181 CI 19I SI 20I Remarks 21111111111111111111111L Lij6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 701 51 711 I 721 NJ 73 L-U 74 751 ( I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/03/14 05/08/01 Granite Falls WWTP 60 Meandering way Exit Time/Date Permit Expiration Date Granite Falls NC 28630 11:30 AM 08/03/14 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted M Shuford Wise,PO Drawer 10 Granite Falls NC 28630//828-396-7111/. No - Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit _ ®Flow Measurement Operations&Maintenance 0 Records/Reports Sludge Handling Disposal ®Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Roy M Davis ('�.�(�� ARO WQ//828-296-4500 Ext.4659/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I N00021890 I11 12I 08/03/14 1 17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \` The wastewater treatment plant serving the Town of Granite Falls is being extremely well operated and maintained. Page# 2 Permit: NCO021890 Owner-Facility: Granite Falls WWTP Inspection Date: 03/14/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 n ■ n Is the facility as described in the permit? ■ n n ❑ #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical ■ Is the grit free of excessive organic matter? ■ n ❑ n Is the grit free of excessive odor? ■ ❑ n n #Is disposal of grit in compliance? ■ ❑ n n Comment: Mechanical grit removal system not operable. Operating staff periodically pumps grit from basin. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n Is disposal of screening in compliance? ■ ❑ n n Is the unit in good condition? ■ I] n n Comment: . Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ ❑ n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ ❑ n n (If units are separated)Does the chart recorder match the flow meter? n n ❑ ■ Comment: Meter last calibrated on 09/26/2007 Page# 3 Permit: N60021890 Owner-Facility: Granite Falls WWTP Inspection Date: 03/14/2008 Inspection Type: Compliance Evaluation Oxidation Ditches Yes No NA NE Are the aerators operational? ■ n n n Are the aerators free of excessive solids build up? ■ ❑ n n #Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Are setteeometer results acceptable(>30 minutes)? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Are settelometer results acceptable?(400 to 800 mi/I in 30 minutes) ■ n n ❑ Comment: Good looking activated sludge. Pump Station -Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? n n ■ n Are all pumps present? In n ■ n Are all pumps operable? ` n n ■ n Are float controls operable? n n ■ n V Is SCADA telemetry available and operational? n n ■ n Is audible and visual alarm available and operational? n n ■ n Comment: 90% of the flow enters plant by gravity. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge ■ n 00 Judge,and other that are applicable? Comment: Plant and grounds are extremely well maintained. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? n ■ n n Is there adequate reserve supply of disinfectant? ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? n ■ n n Page# 4 Permit: NCO021890 Owner-Facility: Granite Falls WWTP Inspection Date: 03/14/2008 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE If yes,then is there a Risk Management Plan on site? n ❑ ■ ❑ If yes,then what is the EPA twelve digit ID Number?(1000- - } NA If yes,then when was the RMP last updated? Comment: Approximately 6-1501b cylinders on site De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Sodium sulfite used for dechlorination Are the tablets the proper size and type? ❑ ❑ ■ Are tablet de-chlorinators operational? n n ■ n Number of tubes in use? 0 Comment: Tablet dechlorination not used. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n ❑ n Is the mixing adequate? ■ ❑ n ❑ Is the site free of excessive foaming in the tank? ■ n n n #Is the odor acceptable? ■ n ❑ n #Is tankage available for properly waste sludge? ■ ❑ n n Comment: Lime is added to prepare sludge for land application. Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ n ❑ Is the generator tested by interrupting primary power source? ■ n F11 n Is the generator tested under load? ■ ❑ ❑ ❑ Was generator tested&operational during the inspection? n ■ n n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n n ■ Is the generator fuel level monitored? ■ ❑ n n Comment: Generator is part of Electric Cities system. Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director ' Division of Water Quality March 18,2008 Caldwell County DWQ Project 20080305 DOT TIP No.B-5012 (Old North Road)Bridge No. 61 Replacement Approval of 401 Water Quality Certification with Additional Conditions Mr. Charles Beck Public Works and Engineering Director City of Lenoir Post Office Box 958 Lenoir,North Carolina, 28645 Dear Mr.Beck: You have our approval, in accordance with the conditions listed below, for the following impacts to Blair Fork Creek for the purpose of replacing (Bridge No. 61)on Old North Road in the City of Lenoir in Caldwell County: Stream Impacts in the Catawba River Basin Site Permanent Stream Bank Permanent Temporary Total Stream Fill in Stabilization Fill in Fill in Stream Impacts Intermittent Perennial Perennial Perennial Impact Requiring Stream(linear Stream(linear Stream Stream (linear ft) Mitigation ft) ft) (linear ft) (linear ft) (linear ft) Site 1-Bridge 61 70 20 90 0 Total 70 20 90 0 Total Stream Impact for Project: Stream Bank Stabilization: 70 linear feet. Temporary Impacts for Project: 50 linear feet. The project should be constructed in accordance with your application dated January 29, 2008 (received February 13, 2008) and modified application dated March 3, 2008 (received March 4, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 13 and 33. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Please note that new 401 Water Quality Certifications went into effect on November 1,2007. These Certifications contain additional requirements that were not in the old certifications. You are strongly urged to review these new certifications(attached) and become familiar with their requirements. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams (now NorthCarolina �aturall� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. Charles Beck March 18,2008 Page Two or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites,be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. :Widening of the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 5. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 6. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 7. For projects impacting waters classified by the NC Environmental Management Commission as Trout Jr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-lI), Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 8. The dimension, pattern and profile of the stream, above and below :the bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods,black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the', Water Quality Certification and all subsequent modifications, if any, shall be maintained with the City of Lenoir's Public Works and Engineering Director and the on-site project manager. 18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Beck 1 8,2008 oe Three 19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 20. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. 21. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 22. Upon completion of the project,the City of Lenoir shall complete and return the enclosed"Certificate of Completion Form"to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality,2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828-296-4500. Sincerely, 61 - � ° Ax&Coleen H. Sullins,Director j Division of Water Quality cc: Julie Flesch-Pate,The Louis Berger Group,Inc. Amanda Jones,USACE,Asheville Field Office Transportation Permitting Unit Asheville Regional Office 080305(Beck)B-61 Old North Road Bridge Replacement IvIluldC1 r.CdJICy,uuvC'Mul William G. Ross Jr.,Secretary Q North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 19, 2008 Mr. Richard D. Queen NCDOT 253 Webster Road Sylva, North Carolina 28779 SUBJECT: Compliance Evaluation Inspection Status: Compliant Haywood County Rest Area WWTP Permit No: NCO024805 Haywood County Dear Mr. Queen: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 12, 2008. The facility appeared to be in compliance with permit NC0024805. The kind assistance of Mr. Alan James was appreciated during the inspection. He is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, Janet Cantwell Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files Alan Gene James, ORC, w/ attachments G:\WPDATA\DEMWQ\Haywood\24805 Haywood County Rest ARea\24805-CEI.08.doc NonrthCarolina ,Xatumlltff 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1.INI 2 I5I 31 NCO024805 Ill 121 08/03/12 I17 18ICI 19ISI 20I—I Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111. 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ------------------------Reserved--------------------- 67 I 169 701 I 711 I 72 I N I 73 LLJ 74 75I ° I I ( I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:30 PM 08/03/12 06/12/01 Haywood County Rest Area Interstate 40 Near NC Tennessee Border Exit Time/Date Permit Expiration Date Sylva NC 28779 04:10 PM 08/03/12 11/01/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Alan Gene James/ORC/704-627-6206/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted R G Watson,253 Webster Rd Sylva NC 28779/Engineer/919-835-8481/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance 0 Records/Reports Self-Monitoring Program ®Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ S Signature of nagement Q A Reviewers ° f Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 ,. 3I NCO024805 111 121 08/03/12 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mr. Alan James/ORC assisted in the inspection of this facility. The collection system for this facility was also inspected and results will be mailed separately. DO was measured at 5 mg/L in Basin #1 and 4 mg/L in Basin#2. Temperature was 8.4 degrees C in Basin#1 and Basin#2. pH was 7.5 units in Basin #1 and 7.0 in Basin 92. The latch to the gate into the WWTP is broken and needs to be replaced. A"sludge judge"would be beneficial to the operators for process control. Steps into the adjoining building are missing and need replacement for safety of the operators. Two diffusers in the aeration basin are operable but slow and need replacement. Page# 2 Permit: NCO024805 Owner-Facility: Haywood County Rest Area Inspection Date: 03/12/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ 0 Is the facility as described in the permit? ■ n ❑ n #Are there any special conditions for the permit? n n n Is access to the plant site restricted to the general public? ® ❑ Q ❑ Is the inspector granted access to all areas for inspection? ® C) n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl Q fl Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ n Judge, and other that are applicable? Comment: The facility is well operated and maintained. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ n n Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ® ❑ ❑ ❑ Are analytical results consistent with data reported on DM Rs? ❑ n n Is the chain-of-custody complete? ❑ ❑ ❑ ■ Dates,times and location of sampling fl Name of individual performing the sampling fl Results of analysis and calibration n Dates of analysis r1 Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ Q Has the facility submitted its annual compliance report to users and DWQ? 0 ■ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? rl fl ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ n Is the backup operator certified at one grade less or greater than the facility classification? ■ fl fl ❑ Is a copy of the current NPDES permit available on site? ■ fl n n Page# 3 ------------ Permit: NCO024805 Owner-Facility: Haywood County Rest Area Inspection Date: 03/12/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? n ■ n n Comment: Annual report will be finished and mailed next week. Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? n ■ n n Is flow meter calibrated annually? n n ■ n Is the flow meter operational? n n ■ n (if units are separated) Does the chart recorder match the flow meter? n n ■ ❑ Comment: The water meter is used for flow measurement. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n ❑ n Is disposal of screening in compliance? ■ n ❑ n Is the unit in good condition? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n ❑ Is the basin free of bypass lines or structures to the natural environment? ■ n In n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n ❑ n Are all pumps operable? ■ n n n Are float controls operable? ■ n n ❑ Are audible and visual alarms operable? ■ n n n #Is basin size/volume adequate? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Page# 4 Permit: NCO024805 Owner-Facility: Haywood County Rest Area Inspection Date: 03/12/2008 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? n n n Is the foam the proper color for the treatment process? ❑ n n Does the foam cover less than 25%of the basin's surface? ■ n n Is the DO level acceptable? nM n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ M n n Comment: DO in Plant 01 was 5.0 mg/L. DO in Plant#2 was 4.0 mg/L. Two diffusers, though operable, are slow and need replacement. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ ❑ Are weirs level? ® n n n Is the site free of weir blockage? ® n n n Is the site free of evidence of short-circuiting? ❑ n ❑ Is scum removal adequate? ■ ❑ ❑ Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) n n n Comment: Operator would benefit from a sludge judge for use in process controls. Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested&operational during the inspection? n ■ n n Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n ■ n Is the generator fuel level monitored? ® n n n Page# 5 Permit: NCO024805 Owner-Facility: Haywood County Rest Area Inspection Date: 03/12/2008 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Comment: The generator self tests weekly at 10:00 am every Monday. State maintenance staff check the fuel level weekly. Page# 6 A TF� Michael F.Easley,Governor William G.Ross Jr.,Secretary ✓J, 7 North Carolina Department of Environment and Natural Resources a � Coleen H.Sullins, Director Division of Water Quality March 20, 2008 DWQ Project# 07-1817 Jackson County Lavergne Raia 5220 North East 30th Street Lighthouse Point, FL 33064 Subject Property: Raia Shoreline Stabilization Lakeside Village, Lot 6 Approval of 40.1 Water Quality Certification with Additional Conditions Dear Mrs. Raia: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 460 square feet of shoreline for the purpose of stabilization at the subject property, as described within your°application received by the N.C. Division of Water Quality (DWQ) on November 13, 2007, and - subsequent information received March 20, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Permit(s) GP30 when issued by the US Army Corps of Engineers (USACE). In addition, you shouldobtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge,- and Water-Supply / Trout buffer regulations. Also, this approval-to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: No thCarolina 401 Wetlands Certification UnitClt6f161��f 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet:vvvvvv.ncvvaterguality.orq An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Lavergne Raia Shoreline Stabi.__ Page 2'� March 20,2006. 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference Units Shoreline Stabilization 460 (square feet) A 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a., The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The. design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Lavergne Raia Shoreline Stabilization Page 3 of 5 March 20,2008 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Heavy Equipment Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 7. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before being discharged. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 8. Water Supply/ Trout Buffer Tree Protection No trees shall be removed within 30 feet of the top of water unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project. Disturbed banks and, a 25-foot vegetated zone, must be restored along the shoreline to natural riparian conditions with native trees and shrubs (e.g., r, silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-term bank stability and stream shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes Lavergne Raia Shoreline S. Page March 20,i. collected during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 9. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 12. Deed Notifications Deed Notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. l Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Lavergne Raia Shoreline Stabilization Page 5 of 5 March 20,2008 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the DWQ Asheville Regional Office at either Kevin.Barnett(a ncmail.net or at 828-296-4657. Sincerely, Coleen H. Sullins, Director Division of Water Quality AW K/khb Enclosures: GC 3693 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office File Copy Central Files Filename: 07-1817.RaiaShorelineStabilization.Approval �\ i �. ,� �` � Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director n� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 20, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7002 0460 0001 9899 7415 Wellen MacLean Brownlyn Associates Inc 1224 Iverleigh Trl. Charlotte,North Carolina 28270-9791 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7002 0460 0001 9899 7422 Beaucatcher Heights Development Corporation DP Realty, LLC 5960 Fairview Road Suite 500 Charlotte,North Carolina 28210-3113 Subject:NOTICE OF VIOLATION and Recommendation for Enforcement NOV-2008-PC-0172 Beaucatcher Heights Subdivision NCG010000 Permit Violations Water Quality Stream Standards Failure to Secure a 401 Water Quality Certification(06-1922) Permit No. NCR000765 Buncombe County Dear Mr. MacLean: On March 4 and 5, 2008 Starr Silvis and Linda Wiggs from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a Construction Stormwater Permit NCGO10000 compliance inspection for Beaucatcher Heights Subdivision. On March 17, 2008, Kevin Barnett of the Asheville Regional Office performed a 401 Water Quality Certification inspection on-site. Representatives on-site during the inspections were Karen Walczak, and Linda Kaye with the City of Asheville, and Bill Carroll with.Taylor and Murphy Construction. One NorthCaroltna Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877/623-6748 G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\NCR000765BeaucatcherHeights\NOV-2008-PC-0172.doc Mr. MacLean March 20,2008 Page .. Permit and water quality stream standards violations were noted during the inspection. Stormwater runoff discharges had not been inspected to document failing measures and/or sediment loss from the site. Stream samples were taken which documented a turbidity violation of water quality stream standards. Sediment impacts to an Unnamed Tributary of Ross Creek were noted. Approximately 1-3 inches of sediment was deposited in the UT from the stream origin until the tributary enters Kenilworth Lake,a length of approximately 2,400 feet. Approximately 160 linear feet of streams have been culverted,and approximately 15 linear feet of channel has been filled with rip-rap. Required twenty-four hour notification of non-compliance to DWQ has not been performed. Because the unnamed tributary has been impacted it is recommended that the erosion control measures upstream,be reevaluated for effectiveness, otherwise impacts to the stream could continue. As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Minimum Monitoring and Reporting Requirements (Part I. Section B.No. 1-3) (2) Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f (3) Twenty-four Hour Reporting(Part II. Section E. No.3) (4) Turbidity 15A NCAC 02B .0211 (3)k (5) Failure to Secure a 401 Water Quality Certification Item 1. Minimum Monitoring and Reporting Requirements Records of monitoring activities were available during the inspection on March 4. The records were only available for January and February of 2008. Records were incomplete in that monitoring was not being done on a weekly basis as required in Part 1. Section B.No 1. Visible sedimentation has left the site,yet no record was reviewed that documented the sedimentation. No records of measures taken to control future releases were available. Part 1. Section B. No 1.-All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days...and within 24 hours after any storm event of greater than 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the rainfall amounts and dates shall be kept by the permittee. Part I. Section B. No. 2.-Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined at the frequency in Part I. Section B.No. 1 to evaluate the effectiveness of the pollution control facilities or practices.If any visible sedimentation is leaving the disturbed limits of the site,corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Part 1.Section B.No.3.-The operator shall keep a record of inspections.Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Item 2. Other Waste (In-stream.sediment) 15A NCAC 02B .0211 (3)f Approximately 2,400 feet of an Unnamed Tributary of the French Broad River was impacted by 1 to 3 inches sediment deposition, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)f- Oils;deleterious substances;colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; mean .,20, 2008 Page 3 of 4 Item 3. Twenty-four Hour Reporting (Part II. Section E. No.3) The lack of notification to DWQ regarding non-compliance represents violations of the NPDES Stormwater Discharge Permit for Construction Activities(NCGO1000)Section E.No.3-The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment.Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.The written submission shall contain a description of the noncompliance, and its causes;the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue; and steps taken or planned to reduce,eliminate, and prevent reoccurrence of the noncompliance. Item 4. Turbidity 15A NCAC 02B .0211 (3)k Samples were taken on March 4, 2008. The reference reach turbidity was 55_NTU, water leaving the Beaucatcher Heights Subdivision had over 1,000 NTU. 15A NCAC 02B .0211 (3)k Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters Item 5. Failure to Secure a 401 Water Quality Certification 15A NCAC 211 .0500 As stated in the Additional Information Requests, dated January 29,2007 and February 20,2007,with respect to the submitted Pre-Construction Notification,the Division notified you that due to the stormwater requirement in the General Certification for this type of activity,you must receive a written stormwater plan approval from the Division. As you have not obtained this approval,you do not have a valid 401 Water.Quality Certification for culverting and filling streams, nor for stormwater management on-site. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to the attention of Kevin Barnett,Division of Water Quality, 2090 US HWY 70, Swanannoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. You should include in your response a sediment removal restoration plan for the impacted stream. Specifically, you must remove the accumulated sediment from the Unnamed Tributary to Ross Creek. Additionally,you must take all measures to prevent the release of turbid water from your site in the future. Please provide a sediment removal plan for review and approval by the Division of Water Quality. This plan should include the methodology and a proposed schedule with dates that indicate when you expect to complete the removal of the sediment. Please also include a diagram of the stream channel referenced with photo documentation of the sediment impacts. (It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during sediment removal restoration plan development.) b. Your written response should detail the events that resulted in your non-compliance with the above-mentioned NPDES NCGO 10000 permit conditions.Explain in your response when you anticipate being in full compliance with the Construction Stormwater Permit. Mr. MacLean March 20, 2008 Page"-,, c. You should include in your response a copy of all monitoring and inspections done in the past 12 months. This should include records of Erosion and Sedimentation control facility BMP inspections, records of rainfall amounts and dates, stormwater discharge outfall and stream inspections and observations. d. A complete stormwater evaluation and stormwater management plan must be submitted to the Division for approval which meets the requirements of both the Pre-Construction Notification and the Water Quality General Certification. Please note that the Division observed approximately 175 linear feet of regulated fill. As this exceeds your issued 404,you will need to re-apply for the 404 and prepare an new 401 application reflecting all of the fill activities onsite,and because your impacts exceed 150 linear feet,propose mitigation for all impacts on-site. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that maybe encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett or myself at (828) 296-4657. Sincerely, Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files City of Asheville Erosion Control-Cathy Ball i �f> Michael F.Easley,Governor William G.Ross Jr.,Secretary f f North Carolina Department of Environment and Natural Resources 1 0 Coleen H.Sullins, Director ' Division of Water Quality SURFACE WATER PROTECTION March 20, 2008 DWQ Project# 08-0246 Burke County CERTIFIED MAIL RETURN RECEIPT REQUESTED —7002 0460 0001 9899 7446 Chad Knight The Settings Development Company, LLC 11 Terry Estate Drive Black Mountain, North Carolina 28711 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7002 0460 0001 9899 7453 Susan Barbour The Settings Development Company, LLC 48 Patton Avenue Asheville, North Carolina 28801 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7002 0460 0001 9899 7460 Susan Barbour The Settings Development Company, LLC 4300 Paces Ferry Road Suite 500 Atlanta, Georgia 30339 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7002 0460 0001 9899 7477 CT Corporation System The Settings Development Company, LLC 225 Hillsborough Street Raleigh, North Carolina 27603 Subject Property: The Settings at Lake Rhodhiss Development Lake Rhodhiss RETURNED AS INCOMPLETE Dear Mr. Knight: On February 13, 2008, the Division of Water Quality (DWQ) received your application submitted in regards to your request to perform dredging within Lake Rhodhiss. NorthCarolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Naturally Internet: www.ncwaterguality.orq Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper LAKC iC.L1UQi11J, Pad, March,20, The Division of Water Quality requested additional information from your consultant twice via e-mail, and received prompt responses. The DWQ has determined that you application and additional information are insuffient in order to make an agency determination. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must submit a complete application along with the appropriate processing fee, including, but not limited to: • The application address is not the address of record for the development companies for the Settings. You will note that this document was sent to the registered, legal, address for the Limited Liability Corporation. • A thorough discussion as to the steps taken to avoid or minimize impacts to, and protect, waters of the state must be included. • A detailed site plan showing property boundaries and development plans in relation to surrounding properties. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. This is in order to have a complete understanding as'to how the development will be pursued, and to determine the stormwater needs for the development. • As Lake Rhodhiss is a water supply impoundment, and has several water supply intakes within its boundaries, a discussion as to how this project would not impact either the water supply, nor violate North Carolina stream standards (found in 15A NCAC 2B .0200). • The purpose for this project, as stated in the application states that the project is being performed to gain boat access for a single lot within the cove. The County GIS database shows that this project may impact, or may provide access for multiple lots. A clear purpose and need must be stated for this project, including, but not limited to: o How this project (reported at a current elevation of between 995 feet and 997 feet in elevation, while the full pool elevation as reported by Duke Energy is 995 feet, indicating that this dredging would be removing a island along with it's shoreline habitat) would not cause a loss of warm water shoreline spawning. o As the property under the 995 elevation is within the Federal Electric Licensing Commission (FERC) project boundary, and is managed by Duke Energy Lake Management staff, why is this project being applied for by a non-property owner, for the benefit of a single individual (potential lot owner), with no stated legal rights of access for this property. • No discussion has been provided as to why the locally maintained public and / or private marina facilities cannot provide the lake access for the lots in this cove. _ LQKG it11ULL11155 111GLL�'ltl� Page 3 of 3 March,20,2008 As you have no authorization under Section 401 of the Clean Water Act for this activity, any work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Division of Water Quality CK cc: Clement Riddle Clearwater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Cyndi Karoly, DWQ, Wetlands /401 Permitting Unit USACE Asheville Regulatory Field Office Ron Linville, NC Wildlife Resources Commission Wade Harmon, Duke Energy c/o Lake Services — EC 12 Q Post Office Box 1006 Charlotte, NC 28201-1006 File Copy Central Files Filename: 08-0246.LakeRhodhissLakeDredging.returned d A rF� Michael F.Easley,Governor Q� William G.Ross Jr.,Secretary uj F North Carolina Department of Environment and Natural Resources - Coleen H.Sullins, Director Division of Water Quality March 20, 2008 DWQ Project# 07-1532 BUncombe County Marshall Kramer Rose Hill Plantation Development, LLC 34041 New Leicester Highway Leicester, NC 28748 Subject Property: Rose Hill Plantation Sluder Branch, Buncombe County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Kramer: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.06 acres of wetland for the purpose of stormwater management at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on February 18, 2008. After reviewing your application, we have decided that the impacts are covered by General \ Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including '(but not limited to) Erosion and Sediment Control, Non-discharge, stormwater, and 1 buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the impounding and treatment of stormwater as described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: NoZhCarolina 401 Wetlands Certification UnitNaturally 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-68931 Internet:http://h2o enr state nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Rose Hill Pr, Page 2 March 20,200& 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Impact Amount Approved Plan Location or Reference Wetland Fill 0.02 #2 Stormwater Impounded 0.04 #1 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits.associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Rose Hill Plantation Page 3 of 5 March 20,2008 4. No Sediment& Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream (intermittent or perennial). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Continuous monitoring by onsite, calibrated, continuous recording, equipment must be performed both upstream and downstream of any instream work. The results of this monitoring must be submitted along with the below , required stability monitoring. Additionally, should the results indicate a violation of the turbidity standard, all work shall cease until sufficient measures are implemented to protect surface waters form further violations. 8. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation Rose Hill ram_ Page 4. March 20,200,, control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.uslsu/Forms Documents.htm. 9. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 10.Riparian Zone Replanting As agreed to in your application, within 60 days of receipt of this approval, you must plant a 30 foot wide, woody, riparian buffer, with appropriate fencing to protect said buffer along both sides of Turkey Creek within the subdivision property in a manner consistent with the Guidelines for Riparian Buffer Restoration immediately following construction. (Please see attached.) Protective mechanisms shall be placed upon this buffer preventing its removal or alteration within 30 days of completion of its establishment and a copy provided to. the Division at both the Central Office and Regional Office. 11.If concrete is used during construction (e.g., dam or spillway), a dry work area must be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts live concrete should not be discharged to surface waters due to the potential for water chemistry change and a fish kill. 12.Rock, sand, or other materials shall not be dredged from the stream channels. Instream dredging has severe effects on aquatic life and disturbance of the natural form of the channel can cause downstream erosion problems. The natural dimension, pattern, and profile of the channels adjacent to the crossings should not be modified by widening or changing their depths. 13.No riprap shall be placed for outlet stabilization in Waters of the State for this project. 14.All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. 15.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. Rose Hill Plantation Page 5 of 5 March 20,2008 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the DWQ Asheville Regional Office at either Kevin.Barnett(c)ncmail.net or at 828-296-4657. Sincerely, Coleen H. Sullins, Director Division of Water Quality CHSlkhb Enclosures: GC 3705 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Neill Yelverton, Wetland and Natural Resource Consultants USACE Asheville Regulatory Field Office DWQ 401 Central Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 07-1532.RoseH ill Plantation.approval \�. - 1 \\f% J A Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director Division of Water Quality March 20, 2008 DWQ Project# 07-1841 Buncombe County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7002 0460 0001 9899 7439 David N. Edwards, Jr. Asheville Regional Airport Authority 61 Terminal Drive Suite 1 Fletcher, North Carolina 28732 Subject Property: Asheville Regional Airport Expansion Fletcher, NC RETURNED AS INCOMPLETE Dear Mr. Edwards: 'On October 29, 2007, the Division of Water Quality -(DWQ) received your application submitted in regards to your request to perform filling activities within 1746 linear feet of streams and 0.209 acres of wetlands. The Division of Water Quality requested additional information in the form of an Additional Information Request mailed January 23, 2008. A response was received from you on February 22, 2008. The DWQ has determined that your application and additional information are insuffient in order to make an agency determination. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must submit a complete application along with the appropriate processing fee, including, but not limited to: • This office determined that your submitted. Impact Justification was insufficient. In your response, you quoted the application, the suitability of disposing of fly ash as structural fill was referenced. As disposing of a waste product is not a reason to fill a Waters of the State, the alternatives were reviewed without consideration of these statements. • Your minimization statement regarding the "minimization of impacts to downstream aquatic resources" does not address the steps taken to minimize impacts on-site. NorthCarolina Natumlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Internet: www.ncwaterguafitV.oEq Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Asheville Regional Airport Exr, Page 3`, March,20,2006. • Alternatives 2, 3, 4, and 5 refer to the project not having direct access to 1-26. The proposed preferred alternative does not have direct access to 1-26 either. Vehicular traffic will have to enter Airport Road in order to access 1-26. Should additional construction be required to provide such vehicular access to 1-26, it must be reflected in the project plans and any impacts associated with this access be considered collectively with the requested impacts. Additionally, if no new vehicular access to 1-26 be proposed, and the existing Airport Road access be utilized, this argument against Alternatives 2, 3, 4, and 5, can be removed from the alternatives analysis. • Alternative 3 indicates that there would be impacts to waters related to this alternative, but no supporting data was submitted (Including, but not limited to, amount of impacts compared to Alternative 7.) Additionally, this is the only alternative which states that direct access to the existing terminal to be necessary for the project. If direct access to the terminal is not integral to Alternative 7, then this argument cannot be used for alternative 3. • Alternative 4 states that "it does not enough land area adjacent to both airstrip and interstate." As neither your Purpose and Need nor your Avoidance and Minimization dictate how much adjacent land to both the airstrip and interstate is required, this argument is invalid. • Alternative 5, with the fly ash disposal and direct access to both the airstrip and interstate arguments removed (access to the airstrip can always be created through a paving expansion of taxiways and service aprons), is an alternative which should be explored. • Alternative 6 re-states the "no negative effect to downstream water quality, yet on-site observations conducted by the Division and the US Army Corps of Engineers on March 12, 2008 revealed that fly ash: and sediment have already been discharged to streams and wetlands on-site. • In your response to the "clean fill" requirement of the State, you have not provided a compelling argument as to why this material must be_filled over the stream and wetland. Additionally, you have not provided the requested monitoring plan which would show how the ash placed to the side of the stream and wetland will not violate Water Quality Standards. Lastly, you have not addressed how subsurface water moving below the fill layer would not pick up pollutants and discharge then to downstream systems. • You have failed to provide an adequate stormwater management and treatment plan for the existing impervious surfaces. Asheville Regional Airport Expansion Page 3 of 3 March,20,2008 As you have no authorization under Section 401 of the Clean Water Act for this activity, any work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Division of Water Quality CK cc: Ron Johnson and Craig Wyant, CWS 550 East Westinghouse Blvd. Charlotte, NC 28273 Cyndi Karoly, DWQ, Wetlands /401 Permitting Unit USACE Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 07-1841:AshevilleRegionalAirportExpansion.returned Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Lxu,a Division of Water Quality t3 'C Asheville Regional Office SURFACE WATER PROTECTION March 21, 2008 Mr. Luther Nix, Alderman Town of Marshall Post Office Box 548 Marshall, North Carolina 28753-0548 Subject: Compliance Evaluation Inspection Permit No. WQCS00205 Town of Marshall Wastewater Collection System Madison County Dear Mr. Nix: Attached is the report resulting from the Collection System Permit Compliance Evaluation Inspection which_I conducted on March 18, 2008. The Town of Marshall is making good progress in terms of compliance with its Collection System Permit. It is obvious that staff assigned responsibility of taking care of the collection system are doing a good job. The thing which I was concerned about has happened. Frank Ogle has just about retired and still the Town has no decent collection system map. 1 encourage the Town to continue its efforts to gain funding to develop a collection system map and a collection system Capital Improvements Plan. Please do not hesitate to call me at (828)296-4659 should you need to discuss this inspection report. Sincerely, Roy M. Davis Environmental Engineer cc: Mike Ladd, CSORC PERCS Files Surface Water.Protection Section Central Files Jamie Chandler, Town of Marshall G:\WPDATA\DEMWQ\Madison\Marshall Collection System\Inspection Cover Letter.08.doc 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Compliance Inspection Report Permit: WQCS00205 Effective: 06/09/05 Expiration: 05/31/10 Owner: Town of Marshall SOC: Effective: Expiration: Facility: Marshall Collection System County: Madison PO Box 548 Region: Asheville Marshall NC 28753 Contact Person: Michael J. Ladd Title: Phone:828-479-6428 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: . Secondary ORC(s): On-Site Representative(s): Related Permits: NCO021733 Town of Marshall-Marshall WWTP Inspection Date: 03/18/2008 Entry Time: 09:00 AM Exit Time: 11:00 AM Primary Inspector: Roy M Davis Phone:828-296-4500 Ext.4659 Secondary Inspectors): Reason for Inspection: Routine Inspection Type: Compliance Evaluation - Permit Inspection Type: Collection system management and operation Facility Status: 0 Compliant ■ Not Compliant Question Areas: Miscellaneous Questions ®Performance standards Operation&Maint Reqmts Records, ®Inspections ®Pump Station (See attachment summary) Page: 1 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date:03/18/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town of Marshall needs to formalize a collection system Capital Improvements Plan in accordance with the requirements of its Collection System Permit. Frank Ogle is almost retired and still the Town of Marshall has no collection system map. Page: 2 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date: 03/18/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ 0 0 0 What educational tools are used? Is Sewer Use Ordinance/Legal Authority available? ® (_I 0 fl Does it appear that the Sewer Use Ordinance is enforced? ® f_l n n Is Grease Trap Ordinance available? ® n n n Is Septic Tank Ordinance available(as applicable,i.e.annexation) n n n List enforcement actions by permittee,if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? 0 ® n n Does CIP address short term needs and long term\"master plan\"concepts? 0 ® 0 n Does CIP cover three to five year period? 0 ® 0 0 Does CIP include Goal Statement? 0 n 0 Does CIP include description of project area? 0 ® 0 0 Does CIP include description of existing facilities? 0 ® 0 0 Does CIP include known deficiencies? 0 ■ 0 0 Does CIP include forecasted future needs? 0 ® n n Is CIP designated only for wastewater collection and treatment? 0 ■ n n Approximate capital improvement budget for collection system? $20,000.00 Total annual revenue for wastewater collection and treatment? $165,000.00 CIP Comments Is system free of known points of bypass? ■ 0 0 0 If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ n n n #Does the sign include: Instructions for notification? ■ n n n Pump station identifier? ® 0 0 0 24-hour contact numbers ® 0 D 0 If no,list deficient pump stations None Page: 3 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date: 03/18/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n ■ n n Number of pump stations 4 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? Cl ■ ❑ #If yes,date implemented? Describe: NA Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? n n ■ n i �aJ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ n n n Are records available that document citizen complaints? ■ #Do you have a system to conduct an annual observation of entire system? ■ n ❑ n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n ❑ Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑ Comment: Good inspection records. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ n ❑ Does supervisor review all log books on a regular basis? ■ n ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? n n ■ n What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? Page: 4 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date: 03/18/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? n n n Inspecting and exercising all valves? ❑ n n Inspecting and lubricating pumps and other equipment? n n n Inspecting alarms,telemetry and auxiliary equipment? ■ n n n Is there at least one spare pump for each pump station w/o pump reliability? n fl ® n Are maintenance records for right-of-ways available? ® ❑ ❑ n Are right-of-ways currently accessible in the event of an emergency? ® ❑ 0 0 Are system cleaning records available? ® ❑ Q Q Has at least 10%of system been cleaned annually? ® n n ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ❑ fl n Does the plan include: 24-hour contact numbers Response time n.❑ n Equipment list and spare parts inventory ® n'n n Access to cleaning equipment ® 0 Cl n Access to construction crews, contractors,and/or engineers ® o n n Source of emergency funds n n Site sanitation and cleanup materials n ® n n Post-overflow/spill assessment n ® n n Is a Spill Response Action Plan available for all personnel? ® n n In Is the spare parts inventory adequate? ® El 0 0 Comment: Yes No NA NE Records Are adequate records of all SSOs,spills and complaints available? n Q ■ n Are records of SSOs that are under the reportable threshold available? n n SO Do spill records indicate repeated overflows(2 or more in 12 months)at same location? In n n If yes,is there a corrective action plan? n In ■ Is a map of the system available? ■ n 0 n Page: 5 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date: 03/18/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Does the map include: Pipe sizes ❑ ■ n n Pipe materials n ■ n Pipe location ❑ ❑ n Flow direction n ■ n n Approximate pipe age n ■ n n Number of service taps ■ n ❑ n Pump stations and capacity n ■ n n If no,what percent is complete? 5 List any modifications and extensions that need to be added to the map Map needs to show all gravity lines,pipe size,materials,flow direction, and pump stations and their capacities. #Does the permittee have a copy of their permit? ■ n ❑ n Comment: ISLAND ROAD -Across River from Town Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? n n ■ Is simple telemetry operational? n n ■ n Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Page: 6 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date: 03/18/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine Is the Pump station inspected as required? ® n n n Are backflow devices in place? ■ ❑ n n Are backflow devices operable? ® n ❑ n Are air relief valves in place? n n n Are air relief valves operable? n n n ■ # Is an emergency generator available? n ■ n n Can the emergency generator run the pumps? n n n Is the pump station equipped for quick hook-up? n ® n n Is the generator operable? n n ® n #Is fuel in tank and sufficient? n ❑ ■ n Is the generator inspected according to their schedule? n n ■ n Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ nnn Pump station identifier? ® n n n Emergency phone number ® n n n Is public access limited? n ■ ❑ n Is pump station free of overflow piping? ® n n n Is the pump station free of signs of overflow? ■ n n ❑ Are run times comparable for multiple pumps? NE Comment: REDMAN ROAD - Down River side of Town Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ® n n n Are all pumps operable? n n n Are wet wells free of excessive debris? ® ❑ n n Page: 7 Permit:WQCS00205 Owner-Facility: Town of Marshall Inspection Date: 03/18/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n n Is simple telemetry present? n n ■ n Is simple telemetry operational? n n ■ n Are audio and visual alarms present? ■ ❑ n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? ■ ❑ n n Are backflow devices operable? ■ ❑ n n Are air relief valves in place? n In n ■ Are air relief valves operable? n In n ■ # Is an emergency generator available? n ■ n n Can the emergency generator run the pumps? n ❑ ■ n Is the pump station equipped for quick hook-up? n n ® n Is the generator operable? n n ■ n #Is fuel in tank and sufficient? n n ■ Is the generator inspected according to their schedule? n n ■ Is a24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ n n ri Pump station identifier? ■ n n n Emergency phone number ■ n n n Is public access limited? ■ n n n Is pump station free of overflow piping? ■ n n n Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? NE Comment: Good station Page: 8 Michael F. Easley, Governor 0�V4AT , William G. Ross Jr., Secretary 0- QG North Carolina Department of Environment and Natural Resources 't Coleen H. Sullins, Director Division of Water Quality Asheville March 24, 2008 Mr. Lee Smith, Director Water & Sewer Department City of Hendersonville 305 Williams Street Hendersonville, North Carolina 28792 Subject: Permit No. WQ0032847 City of Hendersonville Hillandale School Area Sewer Extension Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on March 12, 2008, we are forwarding herewith Permit No. WQ0032847 dated March 24, 2008, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's" notice to proceed" for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Hendersonville March 24, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville for the construction and operation of approximately 1,845 linear feet of 8-inch diameter gravity sewer to reach out to the Hillandale School area and the discharge of no additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on March 12, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as.applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in the French Broad River Basin. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, �Ko for Cen H. Sullins, Director 786' Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Surface Water Protection Central Files Jon H. Laughter, PE PERCS Files G:\WPDATA\DEMWQ\Henderson\Hendersonville CS\WQ0032847 Hendersonville-Hillandale School Extension.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE HILLANDALE SCHOOL AREA SEWER EXTENSION HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032847 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the. Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No. WQ0032847. City of Hendersonville. Hillandale School Area, Henderson County, March 24, 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction.Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. �J 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands Under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 rmit No. W00032847 City of Hendersonville Hillandale School Area Henderson County March 24, 2008 _ or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part l of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 24th day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for - o en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0032847 3 Permit No W00032847 City of Hendersonville Hillandale School Area Henderson County March 24, 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 1,845 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................_................................._..._.........................: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................................... : The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 0�WATER Michael F.Easley,Governor O� QG William G.Ross Jr.,Secretary � North Carolina Department of Environment and Natural Resources co> Coleen H.Sullins,Director p Division of Water Quality March 24, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9974 Steve Vermillion HMVHN-3VHM,LLC 1901 Roxborough Road Suite 405 Charlotte,NC 28211 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0182 Northridge Commons NCGO10000 Permit Violations Stream Standards Violations Buncombe County Dear Sir: On March 11, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a Construction Stormwater Permit NCG010000 compliance inspection for Northridge Commons at the intersection of I-26/US HWY 25- 70 and Monticello Road in Buncombe County. Representatives onsite during the inspection were J.Q. Freeman with The Carolina Group Partners, Gary Moore with JS Clark Company, Todd Simons and Alan Johnson with Freeland and Kauffman, and Jim Waddell with Taylor and MurphyConstruction. Permit and stream standards violations were noted during the inspection. As a result of the site inspection and file review, the following violations are detailed below: (1) Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3) f (2) Twenty-four Hour Reporting (Part U. Section E. No.3) (3) Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) (4) Schedule of Compliance (Part I. Section C. No. 2) Item 1. Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3) f Sediment deposition in excess of 6 inches into approximately 2,000 feet of unnamed tributaries to Gill Branch on the property represents violations of 15A NCAC 02B .0211 (3)f-Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NorthCarolina G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\NorthRidge-WalmartNCR000781\NOV-2008-PC-0182.doc Natzmaliff Northridge Commons Buncombe County wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; Item 2. Twenty-four Hour Reporting (Part II. Section E. No.3) Notification to Division of Water Quality of noncompliance was not reported representing violations of NCGO1000 Permit Part II. Section E.No.3- The permittee shall report to the central office or the appropriate regional office any noncompliance, which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Item 3. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Buncombe County Notice of Violation dated March 3, 2008, represents a violation of NCGO10000 Part I. Section A.No.2- The Permittee shall implement the plan, which has been approved by the approval authority. The approved plan is considered a requirement or condition of this general permit. Deviation from the approved plan, or approved amendment to the plan shall constitute a - violation of the terms and conditions of this general permit {}. Item 4. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as observed during inspection by DWQ and cited by Buncombe County Notice of Violation dated March 3, 2008,represents a violation of NCG010000 Permit Part I. Section C. No.2- During construction and until the completion of a construction or development and the establishment of a permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate the storm water controls at optimum efficiency. Items of Concern. Noted during the inspection were items of concern. These items are not currently noted as violations but could easily fall into that category if not addressed. Item I. Not only a requirement of the Construction Stormwater Permit NCG010000,but also an effective tool for construction sites is the Minimum Monitoring and Reporting Requirements (Part I. Section B.). These reporting requirements were being performed by various individuals and not at a level of completeness to be effective. It is a requirement that the Permittee properly designate an individual with the task and the authority to delegate work orders to effectively monitor and report the requirements of Permit_NCGO10000(Part_ILSection B_No.10). Item U. Another concern that needs to be discussed with the Buncombe County Officials is the outfall for Basin#1. There is no measure at the outfall to dissipate the energy from the discharge. Currently the discharge has created a gully to Gill Branch, i4 _.ridge Commons aneombe County compromising an adjacent manhole and the foot of the dam slope. Over time if not corrected this will destroy the streambank. Item III. Additionally,per the US Army Corps of Engineers 404 permit issued, restoration of the stream impacts is required. It would be best to accomplish the restoration and sediment removal efforts concurrently. It is imperative that all violation items and items of concern be dealt with effectively since they can lead to stream standard violations for turbidity. Requested Response This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to the attention of Linda Wiggs at Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: a. You should include in your response a sediment removal restoration plan for the impacted stream. Specifically, you must remove the accumulated sediment from both Unnamed Tributaries to Gill Branch. Additionally, you must take all measures to prevent the release of turbid water from your site in the future. - Please provide a sediment removal plan for review and approval by the Division of Water Quality. This plan should include the methodology, and a proposed schedule with dates that indicate when you expect to complete the removal of the sediment. Please also include a diagram of the stream channel referenced with photo documentation of the sediment impacts. (It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during sediment removal restoration plan development.) b. Your written response you should detail the events that resulted in your non-compliance with the above-mentioned NPDES NCG010000 permit conditions. Explain in your response when you anticipate being in full compliance with the Construction Stormwater Permit. c. It is requested that,__until further_ notice, the__Asheville__Regional Office (attention Linda Wiggs) DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the stormwater pollution controls, and ragc4vi4 Northridge Commons Buncombe County maintenance documented with corrective actions. Also, the stormwater runoff discharge inspections, documenting any sediment loss at the site, along with clean up measures necessary must be provided. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Linda Wiggs at or myself at(828) 296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Buncombe County Erosion Control Office Clear Water Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 \NA� Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality March 24, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9967 Mr. Dale McCourt 5715 Old Haywood Road Arden,NC 28704 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT - - - - NOV-2008-PC-0198 Thoms Estate NCG010000 Permit Violations Buncombe County Dear Mr. McCourt: On March 7, 2008 Starr Silvis and Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a Construction Stormwater Permit NCG010000 compliance inspection for Thoms Estate in Buncombe County. Mr. Gary ' Nelson was present during the inspection. The site was non-compliant with Permit NCGO10000. Monitoring and Record-keeping required by Permit NCGO10000 are incomplete. Monitoring and record-keeping were being done,but were not in compliance with the requirements of the NCGO 10000 permit. Stormwater discharge outfall observations were not included, and inspection of erosion and sediment control facilities were incomplete. The City of Asheville issued a Notice of Violation for the site on March 6, 2008 for failure to follow the approved Erosion and Sediment Control Plan(E&SC). Adherence to the E&SC is an enforceable component of the Stormwater Permit. As a result of the site inspection and file review, the following violations, detailed below, were noted: (1) Minimum Monitoring and Record-Keeping (Part I. Section B.No. 1-3) _. NorthCarolina -� Ni7tUrallff North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www-ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\NCR000768ThomsEstate\NOV-2008-pc-0198.doc Page 2 of 3 Thoms Estate Buncombe County Item 1.Minimum Monitoring and Record-Keeping The incomplete monitoring and record keeping represents violations of Construction Stormwater Permit NCGO10000 Part I. Section B. No. 1-3: Part I. Section B. No. 1.-All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days ... and within 24 hours after any storm event of greater that 0.5 inches. Part I.Section B.No. 2.- Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined above at the frequency in Part I. Section B. No. 1 to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Part 1. Section B. No. 3.-The operator shall keep a record of inspections. Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the re cords_as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Requested Response -` .. This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to Division of Water Quality(Attention: Starr Silvis) 2090 - US HWY 70, Swannanoa,NC 28779 and to the attention of Mr. John Henessey at the Wetlands and Stormwater Branch,'NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: 1. Permit NCG010000 Violations: • It is requested that the Asheville Regional Office (attention Starr Silvis) DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the stormwater pollution controls, and maintenance documented with corrective actions. Also, the stormwater runoff discharge inspections, documenting any non- compliance at the site must be included. 3 of 3 noms Estate Buncombe County Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Starr Silvis at or myself at(828) 296-4500. Sincerely, }O Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files City of Asheville attn: Cathy Ball and Linda Kaye Envision Associates, attn: Mr.bon Byers, 554 B Riverside Drive, Asheville,NC 28801 Michael F.Easley,Governor C William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 24, 2008 Mr. Danny McIntosh, Mayor Town of Burnsville Post Office Box 97 Burnsville, North Carolina 28714 Subject: Town of Burnsville Compliance Evaluation Inspection Permit No. WQCS00143 Wastewater Collection System Yancey County Dear Mr. McIntosh: Attached is the report resulting from the Town of Burnsville`s Collection System Permit Compliance Evaluation Inspection which I conducted on March 19, 2008. The Town of Burnsville is making good progress in terms of preparation of a collection system map. I encourage the Town to carry this project through to completion before Tom Storie decides to retire and takes a great deal of information with him. Maps have several purposes; one of which is to keep the next generation from having to learn the system the way the present generation did. Collection system permits establish minimum requirements for collection system maps. Those minimum requirements are: pipe size, pipe material, flow direction, approximate pipe age, number of service taps and pump stations and their capacities. Towns often indicate number of service taps by layering the collection system map over an aerial photo showing property lines. The presence of a collection system map is a permit requirement and therefore civil penalties may be assessed for failure to provide such a map. While I am on the subject, I would like to encourage you and the Town Council to give thought to the question of who will take Tom Storie's place when Tom retires. Tom has been with the Town for a long while and the Town has come to rely on him in many ways; beyond just the operation and maintenance of the wastewater collection system. The Town needs to have in place a person in training to take Tom's place and I do not detect the presence of such a person. All collection system permits require the presence of a collection system Capital Improvements Plan (CIP). Burnsville has such a plan but it is far from current. Burnsville needs to update its plan. The Town spends capital money each year for sewer replacement. These regular capital expenditures need to be formalized in a CIP which spans three to five years, includes a Goals Statement, description of a project area, existing facilities, known deficiencies, and forecasted future needs. 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NoonA hCarolina Documentation of the semi-annual inspection of the Town's high priority sewer lint- being maintained. I believe the high priority lines are being seen twice each year but records confirming such inspections are not being kept. Likewise records of sewer right-of-wa' y maintenance and system cleaning were not presented at the inspection. The Town's collection system permit requires the Town to clean 10% of its gravity system annually and keep records - regarding this activity. Burnsville flushes sewers using fire department equipment. Only the keeping of records will reveal whether or not 10% of the sewers are being cleaned annually. Our records do not indicate that the Town of Burnsville has designated a Collection System Operator in Responsible Charge of a Backup Collection System Operator in Responsible Charge. Please submit the attached designation form to the address indicated. I am disappointed to tell you that many of the deficiencies mentioned in this letter appeared in last year's inspection report. The North Carolina General Statutes provide civil penalties for failure to meet the requirements of collection system permits. I will give you a call in a few weeks to discuss the contents of this inspection report. You may reach me at (828) 296-4659 should the need arise. Sincerely, Roy M. Davis Environmental Engineer J CC' Tom Storie, CSORC PERCS Files Steve Reid (Without attachments) Ricky Crout, Town of Burnsville (Without Attachment) Surface Water Protection Section Central Files Compliance Inspection Report Permit: WQCS00143 Effective: 08/22/05 Expiration: 07/31/10 Owner: Town of Burnsville SOC: Effective: Expiration: Facility: Burnsville Collection System PO Box 97 County: Yancey Region: Asheville Burnsville NC 28714 Contact Person: Marvin Holland Title: Mayor Phone:828-682-2420 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0020290 Town of Burnsville-Burnsville WWTP Inspection Date: 03/19/2008 Entry Time: 09:00 AM Exit Time: 11:00 AM Phone:828-296-4500 Primary Inspector: Roy M Davis YY_ ----> Ext.4659 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ®Miscellaneous Questions ®Performance Standards Operation&Maint Reqmts ®Records ®Inspections ®Pump.Station Manhole (See attachment summary) Page: 1 Permit:WQCS00143 Owner-Facility: Town of Burnsville Inspection Date: 03/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town of Burnsville needs to be giving thought to the question of who will take Tom Storie's place at time of his retirement. The Town needs to designate a collection system ORC and Backup ORC. Before Tom Storie retires the Town needs to develop a good collection system map capturing all the items required by the Town's collection system permit. Without such a map, Tom's departure would mean the loss of much valuable information. The Town needs to record the semi-annual inspection of the high priority lines, annual cleaning activities, and the maintenance of sewer right-of-way. Page: 2 Permit:WQCS00143 Owner-Facility: Town of Burnsville Inspection Date: 03/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Yes No NA NE Performance Standards Is Public Education Program for grease established and documented? ■ nnn What educational tools are used? Insert in Water Consumer Confidence Report. ■ Is Sewer Use Ordinance/Legal Authority available? nnn ■ nnn Does it appear that the Sewer Use Ordinance is enforced? ■ nnn Is Grease Trap Ordinance available? Is Septic Tank Ordinance available(as applicable,i.e.annexation) nnn ■ List enforcement actions by permittee,if any,in the last 12 months None. Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ nnn Does CIP address short term needs and long term Vmaster plan\"concepts? ■ nnn ■ nnn Does CIP cover three to five year period? ,,n ■ nn Does CIP include Goal Statement? ■ nnn Does CIP include description of project area? ■ nnn Does CIP include description of existing facilities? ■ nn_ n, Does CIP include known deficiencies? n ■ nn : Does CIP include forecasted future needs? Is CIP designated only for wastewater collection and treatment? n ■ nn: $20,000.00 Approximate capital improvement budget for collection system? $560,000.00 Total annual revenue for wastewater collection and treatment? CIP Comments ■ nnn Is system free of known points of bypass? If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ nnn #Does the sign include: ■ nnn Instructions for notification? ■ nnn - Pump station identifier? ■ nnn 24-hour contact numbers If no, list deficient pump stations NA Page: 3 Permit:WQCS00143 Owner-Facility: Town of Burnsville Inspection Date: 03/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ Cl n 4 Number of pump stations Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 3 Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ® n n #If yes,date implemented? Describe: Town does not employ chemical root control. Comment: Yes No NA NE Inspections Are maintenance records for sewer lines available? w n n n Are records available that document pump station inspections? ® n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ® n Q n Are non-SCADA/telemetry equipped pump stations inspected every day? ® n -n n Are records available that document citizen complaints? ® ❑:.❑ n #Do you have a system to conduct an annual observation of entire system? ■ n n #Has there been an observation of remote areas in the last year? ■ n n' n Are records available that document inspections of high-priority lines? ❑ ® ❑ 0 Has there been visual inspections of high-priority lines in last six months? ® n n n Comment: . Operation& Maintenance Requirements Yes No NA NE Are all log books available? ® n n n Does supervisor review all log books on a regular basis? ■ ❑ n ❑ Does the supervisor have plans to address documented short-term problem areas? ■ n n n What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ n n ❑ Is a schedule maintained for testing emergency/standby equipment? ■ ❑ n n - What is the schedule for testing emergency/standby equipment? Generators weekly. Page: 4 Permit:WQCS00143 Owner-Facility:Town of Burnsville Inspection Date: 03/19/2008 Inspection Type: Compliance Evaluation Reason for Visit:Routine Do pump station logs include: ■ nn Inside and outside cleaning and debris removal? n ■ nn Inspecting and exercising all valves? n nnn Inspecting and lubricating pumps and other equipment? ■ nnn Inspecting alarms,telemetry and auxiliary equipment? Is there at least one spare pump for each pump station w/o pump reliability? nn ■ n n Are maintenance records for right-of-ways available? ■ nn ■ nnn Are right-of-ways currently accessible in the event of an emergency? n ■ nn Are system cleaning records available? ■ nn Has at least 10%of system been cleaned annually? n What areas are scheduled for cleaning in the next 12 months? nnn Is a Spill Response Action Plan available? v Does the plan include: , ■ nnn 24-hour contact numbers ■ nnn Response time n ■ nn Equipment list and spare parts inventory ■ nnn Access to cleaning equipment ■ nnn Access to construction crews, contractors,and/or engineers nnn ■ Source of emergency funds n ■ nn Site sanitation and cleanup materials n ■ nn Post-overflow/spill assessment ■ nnn Is a Spill Response Action Plan available for all personnel? ■ nnn Is the spare parts inventory adequate? Comment: Yes No NA NE Records ■ nnn Are adequate records of all SSOs,spills and complaints available? Are records of SSOs that are under the reportable threshold available? ■ nnn r Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n ■ nn nn ■ n If yes,is there a corrective action plan? ■ nnn Is a map of the system available? Page: 5 Permit:WQCS00143 owner-Facility: Town of Burnsville Inspection Date: 03/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: n ■ nn Pipe sizes Pipe materials n ■ ❑ El nnn Pipe location n ■ n ❑ Flow direction Approximate pipe age n ■ n Number of service taps ® Q ❑ El Pump stations and capacity ❑ ■ n If no,what percent is complete? List any modifications and extensions that need to be added to the map Map lacks pipe size, material flow direction,pipe age,and pump station capacities. #Does the permittee have a copy of their permit? ■ n In n Comment: ALTEC - Beside Altec Plant Yes• No. NA NE � Pump Station . i Duplex Pump station type ■, nn Are pump station logs available? n Is it accessible in all weather conditions? #Is general housekeeping acceptable? ■ n ❑ ❑ Are all pumps present? ■ n 0 n ■ nnn Are all pumps operable? ■ n Are wet wells free of excessive debris? .0 El Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ i] ❑ fl Is"auto polling"feature/SCADA present? Q ❑ ® ❑ Is"auto polling"feature/SCADA operational? ❑ Q ■ n Is simple telemetry present? ■ Q ❑ rl Is simple telemetry operational? ■ n n n ■ nnn Are audio and visual alarms present? — ■ nnn Are audio and visual alarms operable? Is the Pump station inspected as required? ■ 0 0 i] Page: 6 Permit:WQCS00143 Owner-Facility: Town of Burnsville Inspection Date: 03/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine ■ DDD Are backflow devices in place? ■ nnn Are backflow devices operable? DDD ■ Are air relief valves in place? DDD Are air relief valves operable? ■ nnn # Is an emergency generator available? ■ nnn Can the emergency generator run the pumps? D ■ DD Is the pump station equipped for quick hook-up? ■ nnn Is the generator operable? ■ nnn #Is fuel in tank and sufficient? ■ nnn Is the generator inspected according to their schedule? ■ nnn Is a 24-hour notification sign posted? Does it include: _ ■ nnn Instructions for notification? ■ 000 Pump station identifier? ■ DDD Emergency phone number ■ nnn Is public access limited? ■ n00 is pump station free of overflow piping? ■ nnn Is the pump station,free of signs of overflow? Yes Are run times comparable for multiple pumps? Comment: Excellent Station BAKERS CREEK -Intersection of Dam Road ana t5aKers GreUK MUCIU Yes No NA NE Pump Station Duplex Pump station type ■ DDD Are pump station logs available? ■ DDD Is it accessible in all weather conditions? ■ nnn #Is general housekeeping acceptable? ■ 0DD Are all pumps present? ■ nnn Are all pumps operable? DDD ■ Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? ■ D D ❑ Page: 7 Permit:WQCS00143 Owner-Facility: Town of Burnsville Inspection Date: 03/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? ■ ❑ n n Is"auto polling"feature/SCADA present? n n o Is"auto polling"feature/SCADA operational? n n ® n Is simple telemetry present? n n n Is simple telemetry operational? ® ❑ n n Are audio and visual alarms present? ■ n n n Are audio.and visual alarms operable? ® 0 C C Is the Pump station inspected as required? ® n n n Are backflow devices in place? ® ❑ n n Are backflow devices operable? ® C n n Are air relief valves in place? n n n ■ Are air relief valves operable? n n n # Is an emergency generator available? ® C n n Can the emergency generator run the pumps? ® n ❑ n Is the pump station equipped for quick hook-up? n ® C C Is the generator operable? ® C ❑ n #Is fuel in tank and sufficient? ® n n Is the generator inspected according to their schedule? ® n C C Is a 24-hour notification sign posted? ® n ❑ n Does it include: Instructions for notification? ® n n ❑ Pump station identifier? ■ C C C Emergency phone number ■ Cl n n Is public access limited? ® fl ❑ n Is pump station free of overflow piping? ■ n C C Is the pump station free of signs of overflow? ■ C n C Are run times comparable for multiple pumps? Yes Comment: Station recently taken over from Mountain Air and rebuilt. Page: 8 d A T Michael F.Easley,Governor r � (� William G.Ross Jr.,Secretary 6 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality March 25, 2008 Mr. Tom Storie Director of Public Works Town of Burnsville Post Office Box 97 Burnsville, North Carolina 28714 SUBJECT: Compliance Evaluation Inspection Town of Burnsville Wastewater Treatment Plant Permit Number NCO020290 Yancey County Dear Mr. Stories Attached is the report resulting from my Town of Burnsville Wastewater Treatment Plant Compliance Evaluation Inspection which I conducted on March 19, 2008. Based upon the appearance of the activated sludge and the presence of fine solids in the effluent, it was my impression that the plant occasionally receives a slug of toxic waste. I would hope that the Town can find and deal with this waste source. I observed that the influent screens, as a result of wide spacing of the screens, allow the passage of overly large solids. Additionally, l observed that the present blowers are not capable of maintaining adequate Dissolved Oxygen in the various basins. These and other problems at the treatment plant will hopefully be corrected by implementation of the Phase I I project. For the record I will note that the Phase I I project will receive financial assistance from the United States Environmental Protection Agency and the Rural Center and would provide a new headworks, new chlorination and dechlorination systems, new blowers, a potable water line, outdoor lighting, an emergency power generator and a new roof for the office building. NorthCarolina Natitra!!ry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Should you need to discuss any part of this report, please do not hesitate to call me at (8280296-4659. Sincerely, Roy M. Davis Environmental Engineer Xc: John Austin ORC, Water Quality Labs and Operations, Inc. Surface Water Protection Section Central Files Bob Guerra G:\WPDATA\DEMWQ\Yancey\20290 Burnsville WWTP\CEI Cover Letter.08.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I SI 3I N00020290 111 12I 08/03/19 117 18I CI 191 SI 201 Remarks 21111111IIIIII Jill Jill IIIIIIIIIIIIIIIIIIIIIII11116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70I 3 I 711 I 72I N I 73 W 74 751 I I I I III 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08J03/19 06/09/01 Burnsville WWTP NCSR 1138 Exit Time/Date Permit Expiration Date Burnsville NC 28714 11:30 AM 08/03/19 10/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Storie,PO Box 97 Burnsville NC 28714/Public. Works Director/828-682-2420/8286827757 NO Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement ®Operations&Maintenance ®Sludge Handling Disposal ■Facility Site.Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Roy M Davis .(,� ARO WQ//828-296-4500 Ext.4659/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I N00020290 �11 12I 08/03/19 I17, 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The plant is in need of improved influent screening and greater aeration capacity. The Town is involved in a project using EPA and Rural Center funding which would provide a new headworks, new chlorination and dechlorination systems, a potable water line, outdoors lighting, emergency power generation, and reroof the office. The color of the activated sludge and the fine solids remaining in the effluent lead me to conclude that the WWTP is the occasional recipient of a toxic slug. Page# 2 Permit: NCO020290 Owner-Facility: Burnsville WWTP Inspection Date: 03/19/2008 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical fl Are the bars adequately screening debris? n ■ ❑ Q Is the screen free of excessive debris? ■ n Q n Is disposal of screening in compliance? ■ ❑ n n Is the unit in good condition? n ■ n n Comment: Width of opening is excessive. Aeration Basins Yes No NA NE Mode of operation Diffused Type of aeration system Is the basin free of dead spots? ® n n ❑ Are surface aerators and mixers operational? n n ■ o : . Are the diffusers operational? ■ nnn Is the foam the proper color for the treatment process? ■ Cl ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ n Is the DO level acceptable? ❑ ■ n n Is the DO level acceptable?(1.0 to 3.0 mg/1) El ■ 'n 0 Comment: Blowers not capable of maintaining adequate D.O. Operations & Maintenance Yes No NA-NE Is the plant generally clean with acceptable housekeeping? MOD Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH,DO,Sludge ■ 0 ❑ n Judge,and other that are applicable? Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ Q n Are cylinders protected from direct sunlight? ■ Q ❑ Q Is there adequate reserve supply of disinfectant? ■ n n Q Is the level of chlorine residual acceptable? ■ n n 0 Is the contact chamber free of growth,or sludge buildup? ■ n Q Page# 3 Permit: NCO020290 Owner-Facility: Burnsville WWTP Inspection Date: 03/19/2008 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE Is there chlorine residual prior to de-chlorination? n n n ■ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? n ■ n n If yes,then is there a Risk Management Plan on site? ❑ ❑ ■ n If yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n Is storage appropriate for cylinders? ■ n n n #Is de-chlorination substance stored away from chlorine containers? n n n ■ Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? n ❑ ■ n Number of tubes in use? Comment: Solids Handling Equipment Yes No NA NE Is the equipment operational? ■ n ❑ n Is the chemical feed equipment operational? ❑ n ■ Is storage adequate? ❑ n ■ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ■ ❑ n n Is the site free of sludge buildup on belts and/or rollers of filter press? ■ n ❑ n Is the site free of excessive moisture in belt filter press sludge cake? ■ n n n The facility has an approved sludge management plan? ■ n n n Comment: Belt press is well operated and maintained. Sludge is wixed with wood chips and then composted. There is a high demand for the resulting solids for a soil ammendment. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? [) I_l n ■ Are the receiving water free of foam other than trace amounts and other debris? ■ n n n Page# 4 Permit: NC0020290 Owner-Facility: Burnsville WWTP Inspection Date: 03/19/2008 Inspection Type: Compliance Evaluation Yes No NA NE Effluent Pipe If effluent (diffuser pipes are required) are they operating properly? fl n fl Comment: Page# 5 Q�WATh, Michael F. Easley,Governor p William G. Ross Jr.,Secretary vNorth Carolina Department of Environment and Natural Resources >_ y Coleen H. Sullins, Director Division of Water Quality Asheville March 25, 2008 Mr. Lee Smith, Director Water& Sewer Department City of Hendersonville 305 Williams Street Hendersonville, North Carolina 28792 Subject: Permit No. WQ0032848 City of Hendersonville Hillandale School Complex Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on March 13, 2008, we are forwarding herewith Permit No. WQ0O32848 dated March 25, 2008, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed"for this project:_ Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Hendersonville March 25, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville for the construction and operation of approximately 576 linear feet of 8-inch diameter gravity sewer to serve the Hillandale School complex and the discharge of 12,000 gallons per day of additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on March 13, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in the French Broad River Basin. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, ' 4 V for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Surface Water Protection Central Files Douglas K. Draffen, PE PERCS Files G:\WPDATA\DEMWQ\Henderson\Hendersonville CS\WQ0032848 Hendersonville-Hillandale School Complex.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE HILLANDALE SCHOOL COMPLEX HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0032848 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shalt be `properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC.2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No WQ0032848 City of Hendersonville Hillandale School Complex Henderson County March 25 200� 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations,and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force.Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 lit No W00032848 City of Hendersonville Hillandale School Complex Henderson County, March 25. 2008 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 25th day of March, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION : . jorlCAen H. Sullins, Director Division of Water Quality By Authority of the Environmental.Management Commission Permit Number.WQ0032848 3 Permit No. WQ0032848. City of Hendersonville, Hil►andale School Complex Henderson County, March 25 2006 ENGINEERING CERTIFICATION - POST CONSTRUCTION " System Description: 576 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ...................................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C.EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ._ ............... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a_violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F.Easley,Governor eJ QC: William G.Ross Jr.,Secretary (0 T North Carolina Department of Environment and Natural Resources > . Coleen H.Sullins,Director Division of Water Quality March 25, 2008 United Community Bank—Cashiers North Carolina C/O Mr. Greg Hining PO Box 979 Brevard, NC 28712 Subject: Stormwater Permit No. SW1080102 United Community Bank—Cashiers, NC High Density Project Jackson County Dear Mr. Hining: The Asheville Regional Office received a complete Stormwater Management Permit Application for Grandfather Center Mixed Use Development, Phase 2 on March 12, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW1080102 dated March 25, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until March 25, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon.wr.itten request within sixty(60)days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permitshall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Starr Silvis, or me at(828)296-4665. Sincerely; Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: Mr. Mark Ambtman, Civil Development Solutions, 224 f South Grove Street, Hendersonville, NC 28792 Mr. Robert Shelton, Jackson County Building Inspections Asheville Regional Office Central Files NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Jackson\State Stormwater Management\United Community Bank\SW1080102 permit cover letter.doc State Stormwater Management Sy- Permit No. SW1080-,- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO United Community Bank— Cashiers NC Jackson County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until March 25, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 30,658 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. The built-upon area for the future development is limited to 30,658 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 6 State Stormwater Management Systems Permit No. SW 1080102 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 1.53 Onsite, ft : 66,647 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 30,658 C. Design Storm,inches: 1 d. Pond Depth, feet: 5 e. TSS removal efficiency: 85% f. Permanent Pool Elevation: 99.30 g. Permanent Pool Surface Area, ft2: 1,397 h. Permitted Storage Volume, ft3: 2,868 i. Temporary Storage Elevation: 100.30 j. Controlling Orifice: 1"0 pipe k. Permitted Forebay Volume, ft3: 830 -� 1. Receiving Stream/River Basin: Trib to Chattooga River/Savannah River Basin M. Stream Index Number: 03-13-01 n. 'Classification of Water Body: "ORW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. G. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. ` -' f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Page 2 of 6 State Stormwater Management Sy. Permit No. SW 1080,1 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If thestormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Page 3 of 6 ....-___._.. State Stormwater Management Systems Permit No. SW 1080102 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements.The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action; including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enterthe property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request fora permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 25 day of March 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION e, z C 4 - fo O Teen H. Sullins, P.E.; Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Management Sys, Permit No. SW 10801 United Community Bank— Cashiers, NC Stormwater Permit No. SW 1080102 Jackson County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Page 5 of 6 State Stormwater Management Systems Permit No. SW 1080102 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11 . The permitted amounts of surface area and/or volume have been provided, 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Asheville Regional Office Mr. Robert Shelton, Jackson County Building Inspections Page 6 of 6 :_ i "� �Jr WA TF9� Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources `O F Coleen H.Sullins,Director Division of Water Quality March 27, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9950 Mr.Mike Decker, Town Administrator Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: NOTICE OF VIOLATION with INTENT TO ENFORCE Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr Decker: A review has been conducted of the Town of Franklin's Collection System Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Franklin's Collection System Permit (WQCS00101) and/or G.S. 143-215.1(a)(1). The violation is described below: NOV# Violation Location Cause Volume Date NOV-2008-DV-0142 03/04/2008 Greenway Infiltration & >1,000 Inflow gallons A Civil Penalty against the Town of Franklin for this illegal discharge to the State's surface waters is under consideration. It is standard practice within the Division of Water Quality to inform units of government of our intention to enforce and allow that -, unit of government the opportunity to provide any additional information regarding circumstances surrounding the SSO, response to the SSO, and how the experience gained will be used to reduce SSOs within the system. Please provide this information NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natllrally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 within 15 days of receipt of this notice. It is of great concern to the Division of Water Quality that the Town of Franklin is experiencing repetitive SSOs at the same location. _ When reviewing 5-Day written reports for SSOs, this office welcomes information regarding impacts or lack of impact of the SSO on the State's surface waters. I encourage you to do stream monitoring, both up and down stream of the spill site, to demonstrate impacts. Examples of such monitoring would be pH, dissolved oxygen and/or fecal coli form. This Office offers non-regulatory Technical Assistance to anyone experiencing problems with wastewater treatment plants and/or collection systems. If you wish to request such assistance, you should call Mr. Don Price with the Asheville Regional Office at (828)-296-4500. Should you have need to discuss any aspect of this Notice, I encourage you to contact Roy Davis at 828-296-4659. - Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Section Central Files Jay Gibson, CSORC, Town of Franklin Roy Davis GAWPDATA\DEMWQ\Macon\Franklin Collection System\NOV-2008-DV-0142.doc 4 A r�� Michael F.Easley,Governor William G.Ross Jr.,Secretary CQ North Carolina Department of Environment and Natural Resources Q � Coleen H.Sullins,Director Division of Water Quality March 27, 2008 Mr. Bill Manware Director of Operations and Maintenance Facilities Management Western Carolina University Cullowhee, North Carolina 28723 Subject: Compliance Evaluation Inspection Western Carolina University Permit Number WQCS00200 Wastewater Collection System Jackson County Dear Mr. Manware; Attached is the report resulting from my March 27, 2008 Wastewater Collection Permit Compliance Evaluation Inspection conducted at Western Carolina University. Facilities Management staff are doing a fine job of taking care of the wastewater collection system and meeting the attendant records keeping requirements. The next logical addition to the collection system map would be flow direction arrows and pipe material. Please send me an updated copy of the map when these additions are complete. I appreciate the effort being made at Western Carolina University to comply with the requirements of the University's collection system permit. Please do not hesitate-to call me at (828)296=4659 should I be able to be of service. I look forward to receiving�a copy of the updated collection system map. Sincerely, Roy M. Davis Environmental Engineer Xc: Terry Riouff, CSORC PERCS Files Surface Water Protection Section Central Files GAWPDATA\DEMWQ\Jackson\Western Carolina Collection System\Inspection Cover Letter.08.doc one NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterqualq.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Compliance Inspection Report Permit: WQCS00200 Effective: 06/23/05 Expiration: 05/31/10 Owner: Western Carolina University SOC: Effective: Expiration: Facility: Western Carolina University Collection System County: Jackson Physical Plant Region: Asheville Cullowhee NC 28723 Contact Person: Joe Walker Title: Phone: 828-227-3561 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO020214 Tuckaseigee Water&Sewer Authority-Sylva WWTP Inspection Dater 03/26/2008 Entry Time: 09:00 AM Exit Time: 10:30 AM Inspector: Roy M Davis �(�(�� Phone: Ext8.4659 Secondary4500 Inspector(s): Reason for Inspection:` Routine Inspection Type:Compliance Evaluation. Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant 0 Not Compliant Question Areas: ®Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Regmts (See attachment summary) t Page: 1 Permit:WQCS00200 Owner-Facility:Western Carolina University Inspection Date:03/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: Facilities Management staff at Western Carolina University is doing a fine job of operating the University's wastewater collection system. The collection system map is a"works in progress". The next logical map additions are flow direction arrows and pipe material. Page: 2 Permit:WQCS00200 Owner-Facility: Western Carolina University Inspection Date:03/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ n n n What educational tools are used? Informational notices posted around campus. Is Sewer Use Ordinance/Legal Authority available? n n ■ o Does it appear that the Sewer Use Ordinance is enforced? n n ■ o Is Grease Trap Ordinance available? n n ■ ❑ Is Septic Tank Ordinance available(as applicable, i.e.annexation) ❑ n ■ o List enforcement actions by permittee,if any, in the last 12 months None,the three grease traps on campus are pumped quarterly. Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n In n Does CIP address short term needs and long term V'master plan\"concepts? ■ n In In Does CIP cover three to five year period? ■ n In n Does CIP include Goal Statement? n ❑ ■ n Does CIP include description of project area? n ❑ ■ n_ Does CIP include description of existing facilities. nn ■ n Does CIP include known deficiencies? ■ n n n Does CIP include forecasted future needs? ■ a n n Is CIP designated only for wastewater collection and treatment? In ❑ ■ n Approximate capital improvement budget for collection system? $200,000.00 Total annual revenue for wastewater collection and treatment? $.00 CIP Comments This summer Facilities Management plans to rehap approximately 29 manholes and replace some sewers in the center of the old campus. Is system free of known points of bypass? ■ n n n If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? In n ■ n #Does the sign include: Instructions for notification? n n ■ n Pump station identifier? n n ■ n 24-hour contact numbers n ❑ ■ n If no,list deficient pump stations WCU operates no sewage pumping stations. Page: 3 Permit:WQCS00200 Owner-Facility: Western Carolina University Inspection Date: 03/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n n ■ n Number of pump stations 0 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ■ n n #If yes,date implemented? Describe: WCU does no chemical root control. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? n n ■ n Are SCADA or telemetry equipped pump stations inspected at least once a week? n n.■ n - Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n `- Are records available that document citizen complaints? n n ■ n #Do you have a-system to conduct an annual observation of entire system?. ■ n ,n n #Has there been an observation of remote areas in the last year? ■ ❑ n n - Are records available that document inspections of high-priority lines? ■ au n Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: Good system for keeping records. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ ❑ n n Does the supervisor have plans to address documented short-term problem areas? n n ■ n What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? Page: 4 Permit:WQCS00200 Owner-Facility:Western Carolina University Inspection Date:03/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? n n ■ n Inspecting and exercising all valves? n n ■ n Inspecting and lubricating pumps and other equipment? n n ■ n Inspecting alarms,telemetry and auxiliary equipment? n n ■ n Is there at least one spare pump for each pump station w/o pump reliability? n n ■ n Are maintenance records for right-of-ways available? ■ n ❑ n Are right-of-ways currently accessible in the event of an emergency? ■ n ❑ n Are system cleaning records available? ■ ❑ Has at least 10%of system been cleaned annually? ■ ❑ n n What areas are scheduled for cleaning in the next 12 months? 3,040 feet of line was cleaned and camered Is a Spill Response Action Plan available? ■ ;n. .fl n Does the plan include`. 24-hour contact numbers ■ ❑ n n Response time ■ El n ❑ Equipment list and spare parts inventory ■ 0 Cl n Access to cleaning equipment ■ D. n n Access to construction crews, contractors,and/or engineers ■ n n Source of emergency funds n n Q ■ Site sanitation and cleanup materials ■ n n ❑ Post-overflow/spill assessment ■ n ❑ n Is a Spill Response Action Plan available for all personnel? ■ ❑ n n Is the spare parts"inventory adequate? ■ C] ❑ n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ n n Are records of SSOs that are under the reportable threshold available? ■ n ❑ n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ n If yes, is there a corrective action plan? Cl n ■ n Is a map of the system available? ■ n n n Page: 5 Permit:WQCS00200 Owner-Facility:Western Carolina University Inspection Date: 03/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes __■ n ❑ n Pipe materials n n n n Pipe location ® n n n Flow direction n ■ n n Approximate pipe age n ■ n n Number of service taps ■ n n n Pump stations and capacity n n. ■ n If no,what percent is complete? 95 List any modifications and extensions that need to be added to the map Pipe material and flow direction are next logical map additions. #Does the permittee have a copy of their permit? ■ n n n Comment: Monitoring and Reporting Requirements Yes;;No NA NE Are copies of required press releases and distribution lists available? n n. ■ n Are public notices and proof of publication available? ❑ n ■ n J #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ n. ❑ n #Is permittee compliant with all compliance schedules in the permits? ■ n: n n If no,which one(s)?. NA Comment: Page: 6 WA7 Michael F.Easley,Governor William G.Ross Jr.,Secretary �dC� North Carolina Department of Environment and Natural Resources flj Coleen H.Sullins,Director < Division of Water Quality March 27, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9943 Mr. Mike Decker, Town Administrator Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: NOTICE OF VIOLATION Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr. Decker: A review has been conducted of the Town of Franklin's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Franklin's Collection System Permit (WQCS00101) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Violation Date Type NOV-2008-DV-0140 02/22/2008 Belden Cord Pump Station Discharge Without Valid Permit The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incidents. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. We would be interested in hearing whether or not the Town's experience with this pump station failure suggests modification to the Town's pump station operations and maintenance procedure. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 If you wish to discuss this.NOV I encourage you to call Roy Davis at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit _. Jay Osborn, CSORC, Town of Franklin Surface Water Protection Central Files Roy Davis GAWPDATA\DEMWQ\Macon\Franklin collection System\NOV-2008-DV-0140.doc Y'W A Michael F.Easley,Governor William G.Ross Jr.,Secretary �OC �G North Carolina Department of Environment and Natural Resources �7. Coleen H.Sullins,Director Division of Water Quality March 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9936 Mr. Mike Decker, Town Administrator Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: NOTICE OF VIOLATION Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr. Decker: A review has been conducted of the Town of Franklin's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Franklin's Collection System Permit (WQCS00101) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Violation Date Type NOV-2008-DV-0141 03/05/2008 Manhole H5 96-1 Discharge Without Valid Permit The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incidents. ,,-Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natmrally Internet:wwwncwaterquality.org FAX (828)290-7043 1-877-623-6748 If you wish to discuss this NOV I encourage you to call Roy Davis at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Jay Osborn, CSORC, Town of Franklin Surface Water Protection Central Files Roy Davis GAWPDATA\DEMWQ\Macon\Franklin Collection System\NOV-2008-DV-0141.doc 'l, �QF N\Na ,CQ Michael F.Easley,Governor William G.Ross Jr.,Secretary �Q North Carolina Department of Environment and Natural Resources Vj j Coleen H.Sullins,Director Division of Water Quality March 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0713 9837 Mr. Jim Paradis Post Office Box 330 Asheville,North Carolina 28802-0330 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9844 Falcon Ridge at Haw Creek LLC C/O Mr. Scott Carter 181 Charlotte Street Asheville,North Carolina 28801 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-PC-0199 Falcon Ridge at Haw Creek NCG010000 Permit Violations Buncombe County Dear Sirs: On March 5 and March 14, 2008, Starr Silvis from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a Construction Stormwater Permit NCGO10000 compliance inspection for Falcon Ridge at Haw Creek in Buncombe County. Mr. Tim Hemker,the project engineer,was present during the March 14th inspection. The site was non-compliant with Permit NCGO10000. Monitoring and Record keeping required by Permit NCG010000 are incomplete. Inspection of stormwater pollution control measures, and documented maintenance for corrective actions have not been performed. Stormwater discharge outfall observations have not been performed. It was observed that sediment has left the site. Sediment was observed at depths of 1-3 inches for approximately 300 feet downstream from the site. Furthermore, a pond downstream from tine site is being impacted by sedan e nt and turbiditylea-vino,tale site Noe Carolina Ntmull, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative.Action Employer—50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\NCR000773FalconRidge\NOV-2008-PC-0199.doc Page 2 of 3 Falcon Ridge at Haw Creek Buncombe County As a result of the site inspection and file review,the following violations, detailed below, are noted: �- (1) Minimum Monitoring and Record Keeping(Part I. Section B. No. 1-3) Item I.Minimum Monitoring and Record Keeping The incomplete monitoring and record keeping represents violations of Construction Stormwater Permit NCG010000 Part I. Section B. No. 1-3: Part I.Section B. No. 1.-All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days ... and within 24 hours after any storm event of greater that 0.5 inches. Part I. Section B. No. 2.- Once land disturbance has begun on the site, stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as defined above at the frequency in Part I. Section B.No. 1 to evaluate the effectiveness of the pollution control facilities or practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken immediately to control the discharge of sediments outside the disturbed limits. Part I. Section B. No. 3.-The operator shall keep a record of inspections. Visible sedimentation found outside of the disturbed limits shall be recorded and a brief explanation kept with the records as to the measures taken to control future releases. Any measures taken to clean up the sediment that has left the disturbed limits shall also be recorded. These records shall be made available to DWQ or authorized agent upon request. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to Division of Water Quality(Attention: Starr Silvis) 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: 1. Permit NCGO10000 Violations: • It is requested that the Asheville Regional Office (attention Starr Silvis) DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the stormwater pollution controls, and maintenance documented with corrective actions. Al Ll compliance at the site must be included. ., of 3 ..con Ridge at Haw Creek Buncombe County Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Starr Silvs or myself at(828) 296- 4500. Sincerely, Roger C. dwards Surface Water Protection Section cc: John Hennessy-NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources City of Asheville; Attn.Cathy Ball and Linda Kaye\ Mr. Tim Hemker 71 Mountain Drive, Candler,NC 28715 �� `�� i� ��.� \NAT �J �� Michael F.Easley,Governor PWilliam G.Ross Jr.,Secretary t~ North Carolina Department of Environment and Natural Resources < Coleen H.Sullins,Director Division of Water Quality March 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9820 Mr. Danny McClure 1404 Rowland Hill Road Marble, NC 28905 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-OP-0011 McClure Property Failure to Secure a 401 Water Quality Certification Clay County Dear Mr. McClure: On March 3, 3008 representatives from the Division of Water Quality (DWQ)Asheville Regional Office conducted site inspections of properties located along Tusquitee Creek off of Fires. Creek Road, Clay County, NC. The inspections were in response to a citizen complaint. During the site visits, the investigators took photographs and made observations of: . approximately 270 feet of streambed and bank disturbance on Tusquitee Creek. -Disturbances observed included an area of bank stabilization consisting of large boulders, three areaswhere large equipment had disturbed the banks, three areas where excavation had disturbed the, streambed and the material that was disturbed had been placed in piles in the streambed: Additionally, woody material had been cut and burned along the buffer of the creek. Tusquitee Creek is classified as C, Tr and is within the Hiawassee River Basin. Accordingly, a DWQ file review confirms that these stream impacts have occurred prior to the submission of a Pre-Construction Notification, any authorization, permit, or 401 Water Quality Certification from DWQ. Furthermore, these impacts occurred prior to the proper securing of a Permit from the US Army Corps of Engineers. As a result of the site inspections and file review, the following violations are noted: 1) Failure to secure a 401 Water Quality Certification Item I. Failure to Secure a 401 Water Quality Certification Impacts to a jurisdictional stream have occurred at this tract. However, a 401 Water Quality Certification has not been issued and a 401 Water Quality Certification or authorization has not been sought. A 401 Water Quality Certification is required for the above-mentioned impacts pursuant to 15A NCAC 2H .0500. one NollhCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled(10%Post Consumer Paper G:IWPDATA\DE MWQ\CLAY\Complaints\McClu re\N OV-2008-OP-0011.doc Mr. McClure March 28, 2008 Page 2 of 3 Requested Response This Office requests that you respond to this letter in writing within 15 days of Receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. John Hennessy of the DWQ NPS Assistance and Compliance Oversight Unit at 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. Please explain when construction (clearing and stream bank and streambed disturbance) began at the site. 2. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permits were not secured. 3. The stream impacts at the site must be restored, properly permitted or a combination of both. [Note: It is the recommendation of DWQ staff that you secure a consultant to assist you with these efforts.] a.) If you choose to secure an "after-the fact" 404 Permit from the US Army Corps of Engineers and a State issued 401 Water Quality Certification for the bank stabilization, then minimization, and possible mitigation for these impacts may be required. Also, in order to secure a Section 401 Water Quality Certification from DWQ, you will need to submit an application for approval (see the Pre-Construction Notification PCN Application at http.-Ah2o.enr.state.nc.us/ncwetlands/pcn.html) along with the appropriate fee, plans and maps. b.), The streambed should be restored to pre-disturbance conditions. No heavy machinery may be used in the restoration activities. It is recommended that streambed material that has'been moved into piles be put back into the streambed such that the bed of the stream is as it was prior to disturbance. The holes behind the piles should be filled,in with the excavated materials. All activities should be conducted by hand. Please note that the streambed disturbance observed at this site is not a_permittable activity. c.) The buffer should be replanted with woody vegetation in accordance with the "Guidelines for Riparian Buffer Restoration". A copy of this guidance is enclosed. 4. It is recommended that you contact the Asheville Regional Office of the Division of Land Resources at (828) 296-4500, and the U.S. Army Corps of Engineers at (828) 271-7980 to - ensure that your efforts are in compliance with Division of Land Resources and Section 404 of the Clean Water Act requirements. 4. Finally, please explain how you propose to prevent these problems from reoccurring on future projects. 5. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. e Z8, 2008 Page 3 of 3 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future or continuing violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Starr Silvis or myself at(828) 296-4500. Sincerely, Roger C. Edwards , Regional Supervisor Surface Water Protection Section Division of Water Quality cc: Lori Beckwith, US Army Corps of Engineers—Asheville Office John Hennessy- DWQ NPS Assistance and Compliance Oversight Unit Division of Land Resources ARO ARO — File Copy DWQ<Central-Files Michael F.Easley,Governor G William G.Ross Jr.,Secretary _y North Carolina Department of Environment and Natural Resources -� Alan W.Klimek,P.E.Director Division of Water Quality March 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9813 Mr. Marty Dale McIntosh 210 Wild Horse Hideout Drive Burnsville, North Carolina 28714-5214 Subject: Notice of Violation, NOV-2008-CV-0004 Notice of Recommendation for Enforcement Deed Book 324, Page 108 Yancey County, North Carolina Dear Mr. McIntosh: The Asheville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns discharge of fill material and water quality violations in an unnamed ' tributary to McWilliams Branch near Burnsville, North Carolina. Specific items observed on March 12, 2008 include; violation of Title 15A North Carolina Administrative Code 2B.0211(2) [loss of best usage] of at least 120 feet of stream channel by sediment and fill material approximately 12 inches in depth. Additionally, an area appearing to be wetland (approximately 1500 square feet in size) had been filled with excavated soil. The violations occurred in and around an unnamed tributary to McWilliams Branch, class C waters of the state in the French Broad River basin. Title 15 North Carolina Administrative Code Section 2B.0211(2) — The referenced section requires that, "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard" Observations and measurements made on the property revealed sediment in the stream sufficient to establish violations of State water quality standards. If the property owner has an explanation for the described violations that he wishes to present, please respond in writing within ten (10) days following receipt of this Notice. The explanation will be reviewed and if an enforcement action is still deemed appropriate, the explanation will be forwarded to the Director with the enforcement package for her consideration. NoonLCarolina Naturallrf North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Marty Dale McIntosh March 28, 2008 Page 2 4 If there are questions concerning this matter, please contact Mr. James Reid at 828/296 4651. Sincerely, "_k _�? Roger Edwards, Regional Supervisor Surface Water Protection xc: Non-Point Source Compliance/Enforcement Unit Michael F.Easley,Governor -/ William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality p ` Asheville Regional Office SURFACE WATER PROTECTION March 28, 2008 Grover Dehart Borg Warner Cooling Systems Post Office Box 1509 Fletcher,NC 28732 Subject: NPDES Stormwater Permit Compliance Inspection Borg Warner Cooling Systems Permit No: NCG030011 Henderson County Dear Mr. DeHart: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 17, 2008. The facility was found to be in compliance with permit NCG030011. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828) 296-4664 or chuck.cranford@ncmail.net if I can be of any further assistance. Sincerely, Chuck Cranford Enclosure cc: Central Files Asheville Files None rthCarolina �L7tll1'll��lf 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Henderson\Stormwater Fabricated Metal NCG03\BorgWarnerC E12008.doe \� t %� ���_� /. '�_�' Compliance Inspection Report Permit: NCG030011 Effective: 11/01/07 Expiration: 10/31/12 Owner: Borg Warner Cooling Systems SOC: Effective: Expiration: Facility: Borg Warner Cooling Systems County: Henderson Cane Creek Industrial Par Region: Asheville Fletcher NC 28732 Contact Person: Grover Dehart Title: Env.Specialist Phone:828-689-3501 Ext.128 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 03/17/2008 Entry Time: 09:30 AM Exit Time: 11:30 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Stormwater Permit Inspection Type: Metal Fabrication Stormwater Discharge COC Facility Status: ■Compliant n Not Compliant Question Areas: ®Storm Water (See attachment summary) Page: 1 Permit: NCG030011 Owner-Facility: Borg Warner Cooling Systems Inspection Date:03/17/2008 Inspection Type:Stormwater Reason for Visit: Routine Inspection Summary: DWQ staff was met on site by Grover DeHart, environmental manager for the facility. A tour was conducted of both the exterior and interior of the building. During the visit,the SWPPP manual was reviewed, operational activities and possible stormwater exposure improvements were discussed as well as analytical monitoring requirements and results. The facility maintains IS014001 certification. Environmental management appears to be a priority for the permittee. Some stormwater exposure exists around the building exterior including: pallets, "clean"drums, used liquid containers, minimal metal chip waste and nylon pellets spillage. An item of concern is a stormwater sump located in a loading dock area where chemicals are off-loaded from trucks. The sump is emptied by a float-actuated pump which delivers the contents to the stormwater system. Mr. DeHart assured the inspector that all personnel including truck drivers are aware of an emergency cut-off switch located adjacent to the dock,which is to be selected if a spill into the sump occurs. Discussion took place regarding the Infall#1 sample results,which indicated that chemical contaminants have been found in the stormwater where it enters facility property. Continued sampling at Infall#1 seemed to be a wise approach to continue until and if the upstream source of the contamination can be identified and eliminated. Overall,the facility maintains good stormwater pollution prevention practices and compliance with the NCG03 permit. A No Exposure Certification (NEC) was discussed, but moderate to significant changes would have to occur to reach certification. DWQ staff would gladly discuss this opportunity further with the permittee. Page: 2 Permit:NCG030011 Owner-Facility: Borg Warner Cooling Systems Inspection Date:03/17/2008 Inspection Type:Stormwater Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have aStormwater Pollution Prevention Plan? ■ n n #Does the Plan include a General Location(USGS)map? ❑ ❑ ❑ ■ #Does the Plan include a"Narrative Description of Practices"? n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ Cl Cl #Does the Plan include a list of significant spills occurring during the past 3 years? ❑ n n ■ #Has the facility evaluated feasible alternatives to current practices? ■ n ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ Cl ■ ❑ #Does the Plan include a BMP summary? n ❑ ❑ ■ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n ❑ ❑ #Does the facility provide and document Employee Training? ❑ ■ n n #Does the Plan include a list of Responsible Party(s)? !1 n ❑ ■ #Is the Plan reviewed and updated annually? ❑ ■ ❑ / #Does the Plan include a Stormwater Facility Inspection Program? ❑ n ❑ ■ Has the Stormwater Pollution Prevention Plan been implemented? ■ .(l fl Comment: Documentation of annual plan review, SW facility inspection and employee training pertaining to SW was not documented in the manual. No chemicals are stored exterior to the building, therefore secondary containment is not required. Most areas of concern (AOC) have been roofed, eliminating SW exposure; however, several temporary storage areas of pallets, clean drums and empty liquid containers exist. Three loading docks were noted. One has a stormwater sump, which is emptied to the stormwater system via a float-activated pump. This sump could collect chemicals if a spill occured at the dock. The work area at the SE corner of the building has containers for metal waste, materials pallets, dumpsters and cardboard. A roof covers the majority of the equipment/materials minimizing exposure, but this is considered a minor AOC. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ n n #Has the facility conducted its Analytical monitoring from Vehicle Maintenance ereac? I 1 rl ■ fl Comment: First bi-annual monitoring sampling was conducted in February 2008. However, contractor failed to collect TSS, O&G and lead. Permittee intends to re-sample at next opportunity. Page: 3 Permit:NCG030011 Owner-Facility: Borg Warner Cooling Systems Inspection Date: 03/17/2008 Inspection Type:Stormwater Reason for Visit: Routine Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ fl [I #Were all outfalls observed during the inspection? ■ fl n fl #If the facility has representative outfall status,is it properly documented by the Division? n n ■ n #Has the facility evaluated all illicit(non stormwater)discharges? ■ Cl fl Cl Comment: Outfall#1 represents the confluence of 5 outlets. At this location, it appears a small creek has been piped through the site, which daylights at this confluence of SW outlets. Two drain from parking lot inlets, one drains a ditch S and SE of building, one apparently conveys a french drain system along back side of bldg. and one carries the stream along with SW from 2-3 inlets from parking areas. Page: 4 Michael F.Easley,Governor z William G.Ross Jr.,Secretary t North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality v March 31,2008 Dr. Greg Thorpe,PhD.,Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina, 27699-1548 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Catawba River Buffer Impacts for Proposed Construction of Bridge 195 in McDowell County, TIP No 13- 3872, State Project No. 8.2872001,Federal Aid Project No. BRZ-1552(8). DWQ Project No. 2005-1544V.2. Dear Dr. Thorpe: Attached hereto is a modification of Water Quality Certification No. 05-1544 issued to the North Carolina Department of Transportation dated October 7, 2005. If we can be of further assistance, do not hesitate to contact us. Sincerely, 1 4 Coleen Sullins, ' Director Attachments cc: David Baker,USACE,Asheville Field Office Jay Swain,Division Engineer,NCDOT Division 13 Carla Dagnino,NCDOT,NEU Marla Chambers,NCWRC Marella Buncick,USFWS Transportation Permitting Unit Mike Parker,Asheville Regional Office 051544V.2(Thorpe)TIP B-3872 Bridge 195 NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Catawba River Buffer Rules with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217 of the United States and subject to the North Carolina Division of Water Quality(DWQ)Regulations in 15 NCAC 2H, Section .0500. This certification authorizes the NCDOT to temporarily place fill material in 125 linear feet of Bear Creek and permanently place fill material in 5,096.9 square feet of protected riparian buffers in McDowell County. The project shall be constructed pursuant to the modified application dated March 19,2008,to construct a new bridge over Bear Creek. The approved design is that submitted as a part of your modified application dated,March 19,2008. The authorized impacts are as described below: Stream Impact Table Site 1 Stream Impacts— Stream Impacts— Temporary Fill Temporary (Linear Feet) Dewatering (Linear Feet) Bear Creek 125 0 Impacts to Catawba Riparian Buffers Site 1 Riparian Buffer Zone 1 Zone 2 Total Buffer Impacts Impacts (square feet) (square feet) (Zone 1 +Zone 2) (square feet) Lake James 910 4187 5,097 The application provides adequate assurance that the discharge of fill material into the waters of the Catawba River Basin in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards and discharge guidelines. There,the State of North Carolina certifies that this activity will not violate the applicable portions of Section 301, 302, 303, 306,307of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. After reviewing your application,we have decided that this fill is covered by General Water Quality Certification Numbers 3688 and 3701. This certification corresponds to the Nationwide Permit 33 and 23 issued by the Corps of Engineers. This approval is also valid for the Catawba River Buffer Rules 15A NCAC 2B .0243. This approval is only valid for the purpose and design that you submitted in your modified application dated and received March 19, 2008. All authorized activities and conditions of certification associated with the original Water Quality Certification dated October 7,2005 still apply except where superceded by this certification. Should your project change,you are required to notify the DWQ and submit a new application. If the property 's sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all the conditions. If any additional wetland impacts or stream impacts for this project(now or in the future)exceed one acre or 150 linear feet,respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and (7). For this approval to remain valid,you must adhere to the conditions listed below. In addition,you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This Certification will expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: Project Specific Conditions: SCDOT shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B. 10124 (a)-(e)) for the entire project. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered areas. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous vegetation should be planted on all bare soil within 15 working days of ground disturbing activities to provide long-term erosion control. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes or, wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 2. All stormwater runoff shall be directed to sheet flow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities, including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction. 4. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. 5. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and re-vegetated with native woody species upon completion of the project construction. 6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams, and other diversion structures shall be used t prevent excavation in flowing water: d. The dimension, pattern and profile of the stream, above and below the bridge, should not be modified by widening the stream channel or reducing the stream depth. Disturbed floodplains and streams should be restored to natural geomorphic conditions . 9. The use of riprap above the Normal High Water Mark shall be minimized. Any.riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 10. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic material. 13. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across the bridge and pretreated through site-appropriate means (grassed swples, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 14. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 16. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the temporary culverts. 17. The outside buffer,wetland or water boundary located within the construction corridor approved by this certification, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. A 8. Pursuant to NCAC 15A 2B .0243 (6), sediment and erosion control devices shall not be placed in Zone 1 of any Catawba River Buffer without prior approval by the NCDWQ. At this time,the NCDWQ has approved no sediment and erosion control devices in Zone 1 anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that stormwater discharge is released as diffuse flow. 19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State wat. standards (including any requirements resulting from compliance with §303(d)of the clean Water Act)and any, appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being n., (including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1 unless otherwise authorized by this certification. 21. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules soil erosion and sedimentation control requirements, etc. 22. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 23. The permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 24. This certification does not authorize the discharge of waste rock and dirt into the stream, riparian or buffer zone except for permitted areas associated with bridge construction. 25. Upon completion of the project, the NCDOT Division Engineer or authorized agent, shall complete and return the enclosed "Certificate of Completion" form to notify the NCDWQ when all work included in the 401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C.. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. Sincerely, .. Coleen Sullins Director Attachment cc: David Baker,USACE,Asheville Field Office Jay Swain,Division Engineer,DOT Division 13 Carla Dagnino,NCDOT,NEU Marla Chambers,NCWRC Marella Buncick,USFWS Transportation Permitting Unit Mike Parker,Asheville Regional Office J r FR Michael F.Easley,Governor pG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director --� Division of Water Quality o Asheville Regional Office SURFACE WATER PROTECTION SECTION March 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9882 Mr. G. Frederic Tingle Royal Oaks Inc. 200 Golfwatch Road - Canton, North Carolina 28716 Subject: NOTICE OF VIOLATION NOV-2008-MV-0025 Permit No. NCO040355 Springdale Country Club WWTP Haywood County Dear Mr. Tingle: A review of Springdale Country Club WWTP's monitoring report for January 2008 showed the following violation: Parameter Date Measuring Violation Frequency Total Residual Chlorine 1/05/08 Twice Weekly Failure to Monitor Twice Weekly It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation of the reason for the non- compliance. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. dwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ-SWP Asheville Files DWQ-SWP Central Files - Bob Guerra/ DWQ-SWP Enforcement Files Goldie &Associates/ORC G:\WPDATA\DEMWQ\Haywood\40355 Springdale Country Club\40355.NOV-2008-MV-0025.doc NorthCarolina �irtura!!r� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 (F� Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director i Division of Water Quality II �` Asheville Regional Office SURFACE WATER PROTECTION SECTION March 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9875 Mr. Bob B. Leatherwood Silver Bluff Village 100 Silver Bluff Drive Canton, North Carolina 28716 Subject: NOTICE OF VIOLATION NOV-2008-LV-0150 Permit No. NCO033600 Pigeon Valley Rest Home WWTP Haywood County Dear Mr. Leatherwood: A review of Pigeon Valley Rest Home's monitoring report for January 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 01/16/08 400#/100ml 1,620#/100ml Daily Maximum Broth,44.5C Exceeded Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ-SWP Asheville Files DWQ-SWP Central Files Bob Guerra/DWQ-SWP Enforcement Files Goldie&Associates/ORC \Ha One G:\WPDATA\DEMWQ \Haywood\33600.NOV-2008-LV-0150.doc ywood\33600.NOV-2008-LV-0150.doc NorthCarolina Ivaturallry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 j Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director >_ Division of Water Quality GD Asheville Regional Office Mass— SURFACE WATER PROTECTION SECTION March 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9868 Mr.Wittner Wright Havon Inc. P.O. Box 1180 Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2008-LV-0148 Permit No. NCO075388 Pleasant Cove Home WWTP Buncombe County Dear Mr. Wright: A review of Pleasant Cove Home WWTP's monitoring report for January 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 01/04/08 45 mg/I 45.6 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ-SWP Asheville Files DWQ-SWP Central Files Bob Guerra/ DWQ-SWP Enforcement Files James & James Environmental/ORC G:\WPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Canterbury\75388.NOV-2008-LV-0148.doc NorthCarolina NaAMId!i North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality-org FAX (828)299-7043 1-877-623-6748 \\\ \� \�/1 `__/ �\_r F� Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources �r Coleen H.Sullins,Director -1 Division of Water Quality hmawfl 'C Asheville Regional Office SURFACE WATER PROTECTION SECTION March 31, 2008 CERTIFIED MAIL RETURN'RECEIPT REQUESTED 7007 1490 0004 0713 9851 Mr. Wendell T. Howard HRS Land Development LLC Suite G 204 Charlotte Highway Asheville, North Carolina 28803 Subject: NOTICE OF VIOLATION NOV-2008-LV-0149 Permit No. NCO087556 Ledgestone Subdivision WWTP Buncombe County Dear Mr. Howard: A review of Ledgestone Subdivision WWTP's monitoring report for January 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 01/08/08 45 mg/I 46.5 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell . The Division of Water Quality may pursue enforcement actions fort his and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ-SWP Asheville Files DWQ-SWP Central Files Bob Guerra/DWQ-SWP Enforcement Files James &James Environmental/ ORC G:\WPDATA\DEMWQ\Buncombe\87556 Ledgestone\87556.NOV-2008-LV-0149.doc OnrthCarolina IvQtlfrallb, North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 i�:'� March 31, 2008 MEMO TO: Dina Sprinkle Point Source Branch FROM: Roy Davis ARO SUBJECT: NPDES Permit Application NC0088757 Riverview Development Buncombe County Reference is made to the NPDES Permit application submitted on March 20, 2008 by French Broad River Group of NC seeking to obtain a NPDES permit to treat and discharge 50,000 gpd of domestic wastewater to be generated by a development proposed for construction in northern Buncombe County near the French Broad River. On March 28, 2008; in the company of Mark Brooks, PE; I inspected the site proposed for the location of the proposed wastewater treatment plant. The site is on a piece of land bounded by the French Broad River on one side and North Carolina Highway 251 on the other. The site rises, in a couple of shelves, fairly .; steeply until it reaches the elevation of Highway 251. Given that the site is adjacent to the French Broad River, the review will want to determine whether the proposed plant is protected from the 100-year flood. It is my recommendation that, following standard review, a NPDES permit be issued. GAWPDATA\DEMWQ\Buncombe\88757 Riverview.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Jn Coleen H.Sullins, Director I Division of Water Quality 17 Asheville Regional Office SURFACE WATER PROTECTION SECTION March 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9912 Mr. Jim Schenker, Environmental Associate TA Operating Corporation 24601 Center Ridge Road, Suite 200 Westlake, Ohio 441455634 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO085952 TA Operating Corporation Candler Travel Center WWTP Case No. LV-2008-0111 Buncombe County Dear Mr. Schenker: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$790.00 ($725.00 civil penalty + $65.00 enforcement costs) against TA Operating Corporation. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by TA Operating Corporation for the month of January 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in January 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that TA Operating Corporation violated the terms, conditions or requirements of NPDES Permit NCO085952 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against TA Operating Corporation: NorthCarolina �aturallr� North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterouality.orq FAX (828)299-7043 1-800 623-7748 0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $00.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 5 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $725.00 NC0085952, by discharging waste water into the waters of the State in violation of the Permit Daily Minimum limit for DO. $725.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $790.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) L occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please ?repare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty,(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, id v,rat. L Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ-SWP Asheville Files w/attachments DWQ-SWP Central Files w/attachments Bob Guerra/DWQ-SWP Enforcement Files w/attachments James & James Environmental/ORC w/attachments GAWPDATA\DEMWQ\13uncombe\85952 Candler Travel Center\85952.LV-2008-01 1 Ldoc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0111 County: Buncombe Assessed Party: TA Operating Corp/Candler Travel WWTP Permit No.: NC0085952 Amount Assessed: $790.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN'I' AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TA OPERATING CORPORATION/ ) CANDLER TRAVEL WWTP ) PERMIT NO. NCO085952 ) FILE NO. LV-2008-0111 Having been assessed civil penalties totaling $790.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 31, 2008,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE m A A A A A69 169z N N N N N O O D m 0 0 0 0 0 0 0 r X < 3{ O -i 3 rt Z mz n N N N N N N N M:q OO N m m m m m m m �� w z O CA N O C 0 0 0 0 0 0 -1 0 0 0 0 0 0 o vD r C r -n a s = a a 00 D n m m m m m m m -Di �- 0 z n O O O O O O O D v O D a 3 <° m m � m 0 (D O O n < C/) > 0 0 0 0 0 0 0 D 0 m DD Z zt N A V A W c0 _{ C m D 0 0 0 0 0 0 0 m i- K CD m m m m m w m O uj -� z m A n CD m m , m m m m m F S x 0 < 0 z O Z n p O -� < 00 D 6 i i O i 0 O m C C m co `o �o so VDi-� cO m a s v 0 r O m m m m m �, 3 a co n D <r o w w w Dn w p4 N C V N CD m i m v e o w w w w w 1� m O W W V W O 2 0 0 O 0 O O D < m m En m 0 < CD D — 3 3 3 3 3 c c 0 z z z z z 3 3 z o 0 0 0 o m m ;D A ;D ;o 27 n n W O CD M ni of m m m O A O A 0 a a S S S S S m m m m m m m a a a a a a a �__ j...._ '�.J.i.. 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